DOCSLIB.ORG

Budget Review

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Budget Review Insight and analysis for the business tax community Published by Tolley Issue 1270 11 July 2015 Budget review Your definitive guide to the Summer Budget The big picture: Osborne unbound Chris Sanger Head of tax policy EY The latest in the war on non-compliance James Bullock Head of litigation and compliance Pinsent Masons A big Budget for big business Dominic Robertson Partner Slaughter and May Why it’s a mixed bag for OMBs David Whiscombe Tax technical director BKL Tax The chancellor giveth but he also taketh away Sue Laing Partner Boodle Hatfield Economic view: pain still to come John Hawksworth Chief economist PwC Special edition ASK AN EXPERT Earn-outs and deferred consideration Lisa Stevenson Founding partner Parisi Tax IN BRIEF n Is Anson a source of relief or confusion? n Reasonable excuse v special circumstances n VAT recovery: zoo has lion’s share of the argument BE FIRST OFF THE LINE Tolley ® Exam Training Delivering unrivalled results on The Front Line With Tolley ®Exam Training you can be confident that we have the expert knowledge needed to help you pass your examinations first time. Our dedication to helping our students succeed has resulted in our pass rates significantly outperforming the national average time after time, giving our students the knowledge and skills they require to progress their careers in tax. For more information on achieving success with Tolley visit tolley.co.uk/examtraining, email [email protected] or call 020 3364 4500 Reed Elsevier (UK) Limited trading as LexisNexis. Registered office 1-3 Strand London WC2N 5JR Registered in England number 2746621 VAT Registered No. GB 730 8595 20. LexisNexis and the Knowledge Burst logo are trademarks of Reed Elsevier Properties Inc. © LexisNexis 2015 0615-100. 0615-100 Tolley Exam Training Pass Rates Advert_June 2015.indd 1 25/06/2015 17:00 Contents 2 News From Covering the key developments in tax. 4 Cases the editor Reporting recent tax cases that matter. What a blockbuster! The first Conservative Budget for 6 In brief 19 years sees ‘Osborne unbound’ (Chris Sanger, p 8). Jonathan Cooklin and Dominic Foulkes (Davis Polk) comment This was ‘a reforming Budget’ which sets out plans for a lower tax future ‘but boosts the exchequer’s coffers on the much awaited Supreme Court decision in Anson; Peter greatly in the short term’. It was also ‘a surprisingly Vaines (Squire Patton Boggs) considers when an application to big Budget for big business’ (Dominic Robertson, reduce penalties because of ‘special circumstances’ is a better bet p 24). The unexpected announcement of further than ‘reasonable excuse’; and Graham Elliott (City & Cambridge cuts to corporation tax is offset by a requirement for Consultancy) considers a recent tribunal decision on input tax larger businesses to pay up early. And there is to be recovery which has implications for the exempt cultural sector. a tougher CFC regime, too. On the compliance and enforcement front, not much was genuinely new Budget review ‘except for the rhetoric’ (James Bullock, p 23). The promised £5bn clampdown on avoidance and evasion 8 Q&A: the big picture is expanded to tackle ‘imbalances’ in the tax system, Chris Sanger (EY) provides an overview of the Summer Budget. such as dividend taxation. ‘One wonders which of today’s tax reliefs will be tomorrow’s “distortions”’ (David Whiscombe, p 24). Changes to the non-dom 10 Summary of the key tax measures rules were widely expected, but the scale of reform Your Lexis®PSL guide to all the tax measures, which include: surprised many. There were some popular measures nfuture cuts to the main rate of corporation tax; for Middle England. As always though, ‘the chancellor na new permanent level of the annual investment allowance for giveth but he also taketh away’ (Sue Laing, p 25). capital allowances; nchanges to the CGT treatment for investment fund managers in Editor Paul Stainforth respect of carried interest; [email protected] nremoving corporation tax relief for the cost of future acquisitions of goodwill and ‘customer related intangible assets’; Editorial Board nchanges to the bank levy and a new corporation tax surcharge Graham Aaronson QC, Dave Hartnett CB, for banks; Joseph Hage Aaronson Independent adviser nwide ranging reform of the non-dom rules; Paul Aplin OBE, ICAEW Tax John Hayward, Faculty Technical Committee Pensions consultant nchanges to the taxation of dividends for individuals; Philip Baker QC, Francesca Lagerberg, n Field Court Tax Chambers further changes to pensions tax relief; and Grant Thornton n Ian Brimicombe, AstraZeneca Pete Miller, a planned consultation on sanctions for serial avoiders and James Bullock, The Miller Partnership measures to strengthen the GAAR. Pinsent Masons David Milne QC, Michael Conlon QC, Pump Court Tax Chambers Temple Tax Chambers Chris Morgan, KPMG 23 Expert comment Peter Cussons, PwC Paul Morton, Reed Elsevier Bill Dodwell, Deloitte Practitioner views on the Budget: Lakshmi Narain, Baker Tilly Stephen Edge, n Jennie Rimmer, Aspen James Bullock (Pinsent Masons) considers the enforcement Slaughter and May Ernst & Young Judith Freedman CBE, Chris Sanger, and compliance measures; University of Oxford Adrian Shipwright, MLaw n Dominic Robertson (Slaughter and May) examines the impact Malcolm Gammie CBE QC, John Whiting OBE, 1 Essex Court Office of Tax Simplification on multinationals; Melanie Hall QC, Judge Christopher Vajda, n David Whiscombe (BKL Tax) considers how OMBs fared; Monckton Chambers CJEU n Sue Laing (Boodle Hatfield) provides a private client Editor: Paul Stainforth (tel:020 3364 4448; Missing copy? email: [email protected]) Contact customer services (tel: 0845 370 1234; Editorial team: Santhie Goundar, email: [email protected]). perspective; and Julia Burns & Nick Raad Cases: Cathya Djanogly To access our website Tax Journal subscribers are entitled to unrestricted n John Hawksworth (PwC) gives an economic view. Design: Mark Chanter access to www.taxjournal.com. If you are missing log Production manager: Angela Waterman in details, email [email protected]. Marketing manager: Victoria Newman Publisher: Chris Jones About Tax Journal This publication is intended to be a general guide To contribute 27 Ask an expert Please email a synopsis of the topic you would like and cannot be a substitute for professional advice. to cover (what it is & why it matters) to the editor. Neither the authors nor the publisher accept any Unsolicited articles are rarely published. responsibility for loss occasioned to any person Lisa Stevenson (Parisi Tax) answers a question on the tax acting or refraining from acting as a result of To advertise material contained in this publication. For all recruitment and display advertising, contact implications on deferred consideration and earn-out consideration Nick Lee (tel: 020 8662 2065; email: nick.lee@ All rights reserved. No part of this publication lexisnexis.co.uk). may be reproduced, stored in a retrieval system or transmitted in any form or by any means, following the selling of shares in a company. To subscribe electronic, mechanical or otherwise, without the Contact customer services (0845 370 1234; prior written consent of the publisher and editor. [email protected]) Annual subscriptions cost £405 post-free (UK); Printed by Headley Brothers Ltd, Ashford, Kent. 28 What’s ahead & One minute with ... £729 2 year (UK); £555 overseas 1 year. Published by LexisNexis, Lexis House, 30 Farringdon Street, London EC4 4HH. Tel: 020 8686 9141. www.lexisnexis.co.uk Key dates for your tax diary, and one minute with © Reed Elsevier (UK) Limited 2015 ISSN 0954 7274 Dominic Stuttaford, head of tax for Europe, Middle East, Asia and Brazil, Norton Rose Fulbright. Join the Tax Journal group on LinkedIn Follow us on Twitter @tax_journal 11 July 2015 ~ www.taxjournal.com 1 News Covering the key developments in tax on 2 July 2015. They update references in Business taxes People and firms the principal regulations to reflect the fact that the Landfill Tax (Qualifying Fines) Summer Finance Bill EY has promoted 95 new equity partners. Order 2015 lapsed and was replaced by The Summer Budget on 8 July 2015 is to For full list of names, see www.bit. the Landfill Tax (Qualifying Fines) (No. 2) ly/1RlR0lZ. be followed by publication of the Finance Order 2015 from 15 June 2015. Bill and explanatory notes on 15 July. BDO has promoted nine new partners in the UK, including corporate tax adviser Cultural TV programmes Dan Brookes as tax partner in its Yorkshire International The Cultural Test (Television practice, formerly from EY. Programmes) (Amendment) Regulations, Baker Tilly has appointed Stephen Hunter OECD calls for better use of SI 2015/1449, change the cultural test for as tax partner for the North West region. He environmental taxes drama and documentary programmes previously worked for KPMG for 20 years, ‘Governments should make better use of with effect from 23 July 2015, bringing where he was head of tax for the Lancashire, environmental taxes’ is the conclusion of this into line with the cultural test for Cumbria & Merseyside region. the OECD’s latest Global International film which was introduced in 2007. The New Quadrant Partners, the London Tax Dialogue (ITD) conference. Taxes are regulations also propose the same test based boutique private client law firm, has potentially among the most effective ways for children’s television programmes, appointed Helen McGhee (formerly Patton of cutting pollution and greenhouse gas following the new relief introduced by Squire Boggs) as a senior associate with the emissions, but they are currently underused FA 2015. These cultural tests form part firm. McGhee is the winner of ‘rising star’ or designed in a suboptimal way, OECD of qualification for the corporation tax award at the 2015 Taxation awards. secretary-general Angel Gurría said last reliefs in respect of television production Global real estate consultancy JLL has week on publication of the report Taxing development.
Load more

Recommended publications
  • Finance Act 2015
    Number 52 of 2015 Finance Act 2015 Number 52 of 2015 FINANCE ACT 2015 CONTENTS PART 1 UNIVERSAL SOCIAL CHARGE, INCOME TAX, CORPORATION TAX AND CAPITAL GAINS TAX CHAPTER 1 Interpretation Section 1. Interpretation (Part 1) CHAPTER 2 Universal Social Charge 2. Amendment of Part 18D of Principal Act (universal social charge) CHAPTER 3 Income Tax 3. Earned income tax credit 4. Amendment of section 466A of Principal Act (home carer tax credit) 5. Amendment of section 192A of Principal Act (exemption in respect of certain payments under employment law) 6. Exemption in respect of certain expense payments for relevant directors 7. Exemption in respect of certain expenses of State Examinations Commission examiners 8. Amendment of section 470 of Principal Act (relief for insurance against expenses of illness) 9. Amendment of section 477B of Principal Act (home renovation incentive) 10. Professional services withholding tax 11. Granting of vouchers 12. Amendment of section 372AP of Principal Act (relief for lessors) 13. Amendment of section 959B of Principal Act (supplemental interpretation provisions) 14. Amendment of Schedule 25B to Principal Act (list of specified reliefs and method of determining amount of specified relief used in a tax year) CHAPTER 4 Income Tax, Corporation Tax and Capital Gains Tax 1 [No. 52.] Finance Act 2015. [2015.] 15. Amendment of section 97 of Principal Act (computational rules and allowable deductions) 16. Amendment of section 256 of Principal Act (interpretation (Chapter 4)) 17. Amendment of section 481 (relief for investment in films) and section 851A (confidentiality of taxpayer information) of Principal Act 18. Income tax relief for investment in corporate trades – employment and investment incentive and seed capital scheme 19.
    [Show full text]
  • Tax Dictionary T
    Leach’s Tax Dictionary. Version 9 as at 5 June 2016. Page 1 T T Tax code Suffix for a tax code. This suffix does not indicate the allowances to which a person is entitled, as do other suffixes. A T code may only be changed by direct instruction from HMRC. National insurance National insurance contribution letter for ocean-going mariners who pay the reduced rate. Other meanings (1) Old Roman numeral for 160. (2) In relation to tapered reduction in annual allowance for pension contributions, the individual’s adjusted income for a tax year (Finance Act 2004 s228ZA(1) as amended by Finance (No 2) Act 2015 Sch 4 para 10). (3) Tesla, the unit of measure. (4) Sum of transferred amounts, used to calculate cluster area allowance in Corporation Tax Act 2010 s356JHB. (5) For the taxation of trading income provided through third parties, a person carrying on a trade (Income Tax (Trading and Other Income) Act 2005 s23A(2) as inserted by Finance (No 2) Act 2017 s25(2)). (6) For apprenticeship levy, the total amount of levy allowance for a company unit (Finance Act 2016 s101(7)). T+ Abbreviation sometimes used to indicate the number of days taken to settle a transaction. T$ (1) Abbreviation: pa’anga, currency of Tonga. (2) Abbreviation: Trinidad and Tobago dollar. T1 status HMRC term for goods not in free circulation. TA (1) Territorial Army. (2) Training Agency. (3) Temporary admission, of goods for Customs purposes. (4) Telegraphic Address. (5) In relation to residence nil rate band for inheritance tax, means the amount on which tax is chargeable under Inheritance Tax Act 1984 s32 or s32A.
    [Show full text]
  • Download Bar Review Volume 21
    THE BAR Volume 21 Number 2 REVIEWJournal of The Bar of Ireland April 2016 Unlawful detention CONTENTS The Bar Review The Bar of Ireland Distillery Building 145-151 Church Street Dublin DO7 WDX8 Direct: +353 (0)1 817 5166 Fax: +353 (0)1 817 5150 Email: [email protected] Web: www.lawlibrary.ie EDITORIAL BOARD 45 Editor Eilis Brennan BL Eileen Barrington SC 66 Gerard Durcan SC Eoghan Fitzsimons SC Niamh Hyland SC Brian Kennedy SC Patrick Leonard SC Paul Anthony McDermott SC Sara Moorhead SC Brian R Murray SC James O'Reilly SC Mary O'Toole SC Mark Sanfey SC 56 Claire Bruton BL Diane Duggan BL Claire Hogan BL Grainne Larkin BL Mark O'Connell BL Thomas O'Malley BL Ciara Murphy, Director Shirley Coulter, Director, Comms and Policy Vanessa Curley, Law Library Deirdre Lambe, Law Library Rose Fisher, PA to the Director Tom Cullen, Publisher Paul O'Grady, Publisher PUBLISHERS Published on behalf of The Bar of Ireland 54 59 48 by Think Media Ltd Editorial: Ann-Marie Hardiman Paul O’Grady Colm Quinn Message from the Chairman 44 Interview 56 Design: Tony Byrne Tom Cullen Moving on Ruth O’Sullivan Editor's note 45 Niamh Short Advertising: Paul O’Grady Law in practice 59 News 45 Commercial matters and news items relating Damages for unlawful judicial jailing 59 to The Bar Review should be addressed to: Launch of Bar of Ireland 1916 exhibition Controlling the market 62 Paul O’Grady Bar of Ireland Transition Year Programme The Bar Review Report from The Bar of Ireland Annual Conference 2016 The Battle of the Four Courts, 1916 66 Think Media Ltd The
    [Show full text]
  • ATTA News January 2015
    ATTA News January 2015 https://www.business.unsw.edu.au/about/schools/taxation-business-law/australasian-tax- teachers-association/newsletters Editor: Colin Fong, Faculty of Law, University of New South Wales, Sydney [email protected] ATTA website https://www.business.unsw.edu.au/about/schools/taxation-business- law/australasian-tax-teachers-association Contents 1 Presidential column 1 2 ATTA Conference 2015 1 3 ATTA Annual General Meeting agenda 3 4 Notice of Meeting: Annual General Meeting 4 5 TTPI Australian Visiting Fellow Awards program 4 6 Arrivals, departures and honours 4 7 United Kingdom developments 4 8 IBFD Frans Vanistendael Award for International Tax Law 8 9 Master of Laws in international tax law scholarship 8 10 Call for papers 9 11 Tax, accounting, economics and law related meetings 13 12 ATTA members in the media 15 13 Recent publications 15 14 Quotable quotes 16 1 Presidential column Welcome back to everyone after the Christmas break. I hope that you are all rested in preparation for the new academic year. The new year starts with a bang for ATTA as we head to Adelaide for the annual conference next week. The programme details are now available (see details later in this newsletter) and, as usual, it looks like being an interesting start to the year. We will also be bringing the proposed constitutional amendments to the AGM for a vote of the membership, so please review the details that have been published in the ATTA news so that we can finalise the amendments next week. If you are unable to attend and would like your views to be taken into account, proxy forms have been circulated.
    [Show full text]
  • A Question of Royalties
    A Question of Royalties A practical solution to the problem of taxing international technology companies in the UK A TaxWatch UK policy paper Tax Watch UK is an investigative think tank which aims to broaden public participation in the debate on tax. We monitor and report on the tax payments of large companies working in the UK, and research tax strategies used by companies and wealthy individuals. Our aim is to provide the unbiased and independent information necessary to allow the public to hold the government and major tax payers to account. We also analyse and put forward policy proposals for improving the tax system with the goal of creating a fairer tax system for all. !f you want to "nd out more about TaxWatch, you can contact us by email at# [email protected] Or by post at# Tax Watch UK Central Working Reading R+, Aldwych House 2 Blagra e !treet Reading R"# #A$ %lease feel free to share this policy paper by TaxWatchUK. The paper is provided under a creative commons license which grants you the right to share and reuse this work, as long as appropriate credit is given to TaxWatch UK The full terms and conditions are available here: https#&&creativecommons.org&licenses&by/4.(& A Question of Royalties ). Tax avoidance and profit*shifting by multinational companies has been high up the economic policy agenda for a decade. Yet, despite an unprecedented global initiative) and a series of loudly-trumpeted domestic measures to counter the problem,, TaxWatch’s "rst report. recently estimated that what we called the “Tech 0” companies' alone paid 2)bn less UK tax than they would have if the UK share of their global profits corresponded to the UK share of their global sales.
    [Show full text]
  • Finance Act 2015
    Finance Act 2015 CHAPTER 11 FINANCE ACT 2015 Published by TSO (The Stationery Office) and available from: Online www.tsoshop.co.uk Mail, Telephone, Fax & E-mail TSO PO Box 29, Norwich, NR3 1GN Telephone orders/General enquiries: 0870 600 5522 Fax orders: 0870 600 5533 E-mail: [email protected] Textphone: 0870 240 3701 The Houses of Parliament Shop 12 Bridge Street, Parliament Square London SW1A 2JX £39.25 Telephone orders/General enquiries: 020 7219 3890 Fax orders: 020 7219 3866 Email: [email protected] Internet: http://www.shop.parliament.uk TSO@Blackwell and other Accredited Agents Finance Act 2015 CHAPTER 11 CONTENTS PART 1 INCOME TAX, CORPORATION TAX AND CAPITAL GAINS TAX CHAPTER 1 CHARGE, RATES ETC Income tax 1 Charge and rates for 2015-16 2 Limits and allowances for 2015-16 3 Personal allowances for 2015-16 4 Basic rate limit from 2016 5 Personal allowance from 2016 Corporation tax 6 Charge for financial year 2016 CHAPTER 2 INCOME TAX: GENERAL 7 Cars: the appropriate percentage for 2017-18 8 Cars: the appropriate percentage for subsequent tax years 9 Diesel cars: the appropriate percentage for 2015-16 10 Zero-emission vans 11 Exemption for amounts which would otherwise be deductible 12 Abolition of dispensation regime 13 Extension of benefits code except in relation to certain ministers of religion 14 Exemption for board or lodging provided to carers 15 Lump sums provided under armed forces early departure scheme ii Finance Act 2015 (c. 11) 16 Bereavement support payment: exemption from income tax 17 PAYE: benefits in
    [Show full text]
  • Finance Act Focus
    Insight and analysis for the business tax community Published by Tolley Issue 1259 24 April 2015 Finance Act focus Expert views on FA 2015: Diverted profits tax: operation and key issues Sandy Bhogal Mayer Brown Anti-avoidance on loss refreshing Nigel Doran Macfarlanes Oil and gas measures Derek Leith & Bob Cardno EY B share schemes Helen Gilbey & Sarah Falk Freshfields Bruckhaus Deringer Restrictions to entrepreneurs’ relief Andrew Roycroft Norton Rose Fulbright The impact on goodwill Anne Fairpo Temple Tax Chambers CGT for non-residents Andrew Goldstone & Katherine Forster Mishcon de Reya Disguised investment management fees Double edition Stephen Pevsner & Laura Charkin King & Wood Mallesons Private placements James Hume Slaughter and May PLUS n This month’s international tax briefing n VAT on credit notes and contingent discounts SPRING SALE Save up to 40% on tax books www.lexisnexis.co.uk/ taxspring Reed Elsevier (UK) Limited trading as LexisNexis. Registered office 1-3 Strand London WC2N 5JR Registered in England number 2746621 VAT Registered No. GB 730 8595 20. LexisNexis and the Knowledge Burst logo are trademarks of Reed Elsevier Properties Inc. © LexisNexis 2015 0215-040. The information in this document is current as of DATE and is subject to change without notice. Contents From 2 News 4 Cases the editor 6 Finance Act 2015: an overview Your guide to the newly enacted Finance Act, by EY. Finance Act 2015 adds another 340 pages to the already burgeoning UK tax code. It is not the longest FA 2015 analysis Finance Act by any means – that honour goes to FA 2012 which, among other things, introduced a 10 Diverted profits tax new regime for CFCs.
    [Show full text]
  • The Income Tax (Pay As You Earn) (Amendment No. 4) Regulations 2015
    STATUTORY INSTRUMENTS 2015 No. 1927 INCOME TAX The Income Tax (Pay As You Earn) (Amendment No. 4) Regulations 2015 Made - - - - 23rd November 2015 Laid before the House of Commons 23rd November 2015 Coming into force - - 14th December 2015 These Regulations are made by the Commissioners for Her Majesty’s Revenue and Customs in exercise of the powers conferred by section 113(1) of the Taxes Management Act 1970( a), section 133(1) of the Finance Act 1999( b) and section 684(1) and (2) of the Income Tax (Earnings and Pensions) Act 2003( c), and now exercisable by them( d). Citation, commencement and effect 1. —(1) These Regulations may be cited as the Income Tax (Pay As You Earn) (Amendment No. 4) Regulations 2015 and come into force on 14th December 2015. (2) Regulations 4 and 5 have effect in relation to relevant payments( e) made in the tax year 2016-17. (3) Regulations 7(a), 7(b), 8, 10, 11, 12, 13, and 14(b) have effect in relation to any returns and information provided for the tax year 2016-17 and subsequent tax years. (4) Regulations 6, 7(c), 9 and 14(a) have effect in relation to specified benefits( f) provided on or after 6th April 2016. (a) 1970 c. 9. (b) 1999 c. 16. (c) 2003 c. 1. Section 684 of the Income Tax (Earnings and Pensions) Act 2003 (“ITEPA”) has been relevantly amended by section 145 of the Finance Act 2003 (c. 14), paragraphs 102(1),(2) and 117 of Schedule 4 to the Commissioners for Revenue and Customs Act 2005 (c.
    [Show full text]
  • The Diverted Profits Tax
    UNIVERSITEIT VAN AMSTERDAM The Diverted Profits Tax Thesis for the Master Fiscaal recht: Internationaal en Europees belastingrecht Vincent O'Donoghue 10215026 February 2016 Supervisor: prof. dr. O.C.R. Marres Contents Contents ............................................................................................................................... ii List of abbreviations ........................................................................................................... vi 1 Introduction ................................................................................................................. 1 1.1 A new tax ............................................................................................................. 1 1.2 Main research question ........................................................................................ 1 1.3 Supportive questions ............................................................................................ 1 2 The Diverted Profits Tax ............................................................................................. 3 2.1 Overview .............................................................................................................. 3 2.1.1 The creation of the diverted profits tax ............................................................ 3 2.1.2 Aim of the diverted profits tax ......................................................................... 3 2.2 Entities or transactions which lack economic substance ..................................... 4 2.2.1
    [Show full text]
  • Finance Act 2015 and Second Finance Bill
    FINANCE ACT 2015 AND SECOND FINANCE BILL Tolley® CPD Seminars by Rebecca Benneyworth Disclaimer Tolley® takes every care when preparing this material. However, no responsibility can be accepted for any losses arising to any person acting or refraining from acting as a result of the material contained in these notes. All rights reserved. No part of these notes may be reproduced or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Tolley®. For more information on Tolley® CPD Seminars please visit tolley.co.uk/cpdseminars Finance Act 2015 and second Finance Bill 1. Corporation and Business income Tax ................................................................................ 3 1.1 Corporation tax rates .................................................................................................... 3 1.2 Corporation tax payment dates .................................................................................... 3 1.3 Annual investment allowance ....................................................................................... 3 1.4 Flood defence contributions ......................................................................................... 4 1.5 Averaging for farmers ................................................................................................... 4 1.6 Capital allowances ....................................................................................................... 4 1.7 Internally generated
    [Show full text]
  • Current Legal Framework for Civil Society in India by Noshir H
    Analysis of the CURRENT LEGAL FRAMEWORK FOR CIVIL SOCIETY IN INDIA BY NOSHIR H. DADRAWALA Resource paper for the International Center for Not-for-Profit Law India nonprofit law reform workshops PUBLISHED MAY 2019 Analysis of the CURRENT LEGAL FRAMEWORK FOR CIVIL SOCIETY IN INDIA Resource paper by Noshir H. Dadrawala CEO, Centre for Advancement of Philanthropy Prepared for the International Center for Not-for-Profit Law (ICNL) India nonprofit law reform workshops This research paper was commissioned by the International Center for Not-for-Profit Law (ICNL) for workshops on Indian civic space held in December 2018. This paper represents the opinions of the author and does not necessarily represent the positions or opinions of ICNL. Published in May 2019 Report layout and formatting: International Center for Not-for-Profit Law TABLE OF CONTENTS EXECUTIVE SUMMARY 2 I. INTRODUCTION 'Ease of doing business' has been enhanced 4 II. PROVISIONS OF GENERAL LAWS 8 III. ESTABLISHMENT REQUIREMENTS 13 IV. REGISTRATION & INCORPORATION REQUIREMENTS 15 V. BARRIERS TO OPERATIONS 17 VI. BARRIERS TO FREE SPEECH, ADVOCACY & POLITICAL ACTIVITY 19 VII. BARRIERS TO ASSEMBLY 22 VIII. DIGITAL & ONLINE RESTRICTIONS THAT IMPACT CSOs 25 IX. ENDING THE NONPROFIT: Dissolution, termination & liquidation 28 X. STATE SUPERVISION 30 XI. FOREIGN ORGANIZATIONS 34 XII. ACCESS TO RESOURCES In law & in practice 38 XIII. CONCLUSION 50 EXECUTIVE SUMMARY Civil society in India is noted for its vibrancy, innovation and research-based advocacy. It has played an important role in supporting government as a partner in nation- building. Civil society has a particularly powerful role to play as an enabler and constructive challenger, creating the political and social space for collaborations that are based on the core values of trust, service and the collective good.
    [Show full text]
  • Finance Act 2017 & Current Tax Developments
    Taxing Times Finance Act 2017 & Current Tax Developments kpmg.ie/financeAct2017 #FinanceAct December 2017 Focus. Clarity. Insight KPMG is Ireland’s leading Tax practice with over 600 tax professionals based in Dublin, Belfast, Cork and Galway. Our clients range from dynamic and fast growing family businesses to individuals, partnerships and publicly quoted companies. KPMG tax professionals have an unrivalled understanding of business and industry issues, adding real value to tax based decision making. Corporate Private Global Ta x Client Practice Mobility Services Employment VAT International and Ta x Cross Border Tax For further information on Finance Act 2017 log on to: kpmg.ie/financeact2017 TaxingTimes Finance Act 2017 1 Introduction The Government published Finance Act 2017 on 19 October 2017. The Act contains the taxation measures announced in the Minister for Finance’s Budget speech on 10 October 2017 as well as a small Conor O’Brien number of measures not previously announced. As the Report stage is complete, we refer to the Act in Partner this issue of Taxing Times as Finance Act 2017. The Act continues the policy of offering The Act includes a number of important an attractive taxation regime to technical amendments to ensure that Content: businesses locating in Ireland. In an Ireland’s taxation laws are compatible unstable world, the continuity of this with large bodies of new company Personal Tax 2 policy, which has lasted for six decades law, accounting standards and case and has always been overwhelmingly law, as well as to codify some long- Employee Tax Issues 4 supported across the Irish political standing administrative practices.
    [Show full text]