CIOT comments on HMRC consultation: taxing gains made by non-residents on UK immovable property
Released 10 January 2018
The CIOT has written to HMRC objecting to their introduction of an anti-forestalling rule taxing non-residents UK property gains by means of technical note.
The Chartered Institute of Taxation (CIOT) has written to HMRC to raise an immediate issue of concern in relation to the anti-forestalling rule contained within HMRC’s consultation Taxing gains made by non-residents on UK immovable property that came into effect from Budget Day on 22 November 2017. The CIOT’s concern is that despite having current effect the anti-forestalling rule is not based in statute or supported by a published draft clause that will be incorporated into statute, subject to due Parliamentary process. To impose an obligation on taxpayers by means of technical note rather than through the publication of draft statute does not appear to CIOT to reflect a fair balance between the powers of the tax collector and the rights of taxpayers.