Introduction for Newsletter 29.07.09

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This year’s Finance Bill has received Royal Assent and we intend to include next week a full review and update of its provisions. However, two sets of Regulations, which were waiting for the Bill to become law, have been introduced immediately and are reviewed this week.

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Promoters of tax avoidance schemes are obliged to disclose information about schemes that fall within specified descriptions within 5 days of the scheme’s being made available or implemented. Following disclosure, HMRC allocates a scheme reference number (SRN) to identify the users of the scheme and promoters must pass the SRN to their clients who, in turn, identify themselves as users of the scheme on tax returns or other documents.

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In April 2009, HMRC published for consultation draft amendment regulations that would extend the mandatory filing of year-end returns to small employers. Two sets of Regulations have now completed their Parliamentary procedures and come into force from 13 August 2009 (although most of the provisions are effective from 6 April 2010). They make the necessary changes to the PAYE Regulations and the Social Security Contributions Regulations.

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A new Tax Information Exchange Agreement (TIEA) between the UK and the Turks and Caicos Islands was signed in London on 22 July 2009. The Agreement will enter into force as soon as both governments have completed their domestic legislative procedures needed to give it effect.

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In a new consultation document, HMRC makes new proposals to tackle the culture of “false self-employment” in the construction industry. The Government’s commitment to address this issue was announced at Budget 2009, with a view to legislating to ensure that construction workers engaged in an employment relationship are taxed appropriately.

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Expenses and Benefits - New A to Z guide on HMRC’s website

HMRC has launched a new A to Z of expenses and benefits, providing basic guidance to help employers check the tax, NICs and reporting requirements for each type of expense or benefit. Bookmarks to the previous guidance pages should, in most cases, redirect the user to the new page.

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HMRC first put forward proposals to harmonise the methods by which interest is charged across tax regimes in June 2008. Following consultation, HMRC proposed
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Employer CD-ROM - Problems with June 2009 version

HMRC has now made an update available to correct the errors identified recently in the June 2009 version of the Employer CD-ROM. It can be downloaded from the link below.

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A new Tax Information Exchange Agreement (TIEA) between the UK and Anguilla was signed in London on 20 July 2009. The Agreement will enter into force as soon as both governments have completed their domestic legislative procedures needed to give it effect.

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The Minister for Labour Affairs, Dara Calleary, has proposed bringing the Joint Labour Committee and Registered Employment Agreements systems into line with the procedures already established under the National Minimum Wage Act, 2000 that allow individual employers to submit “inability to pay” claims to the Labour Court for adjudication.

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