Capital Gains

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It is important to be sure of your ground in relation to company residence, says JIM WILSON.

KEITH M GORDON summarises how the taper relief rules apply to assets transferred between spouses and civil partners.

STEP's Technical Committee examines the new test for trustee residence and how this will affect trusts in offshore jursidictions such as in Jersey and elsewhere.

JOHN T NEWTH FCA, FTII, FIIT, ATT reminds readers of the current tax treatment of ministers of religion.

LEÓN FERNANDO DEL CANTO looks at how Spanish tax reforms will affect British owners of holiday homes in Spain.

Sometimes it is right to go with your instincts, says NICHOLAS STRETCH in relation to the capital gains tax aspects of disposals of employee shares.

MIKE TRUMAN identifies the real culprits in artificial tax avoidance schemes.

KEN MOODY carves his way through the mire of recent legislation relating to employment-related securities in a quest to discover the meaning of 'grandfathering'.

COLIN KENDON considers the impact of EMI options on the sale of company shares.

The website version of 'Harry's game' (Taxation, 8 February 2007, page 160) has been amended with regards to capital gains tax taper relief because there is no need to apportion for periods of ownership before 5 April 1998 when calculating Harry's gains on completion (TCGA 1992, Sch A1 para 2(2)(a) refers). Harry therefore qualifies for full business asset taper relief on the initial consideration settled in cash and QCBs (and on the earn-out if taxed on completion due to Marren v Ingles).