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Capital Gains Tax may not be compatible with EU law

Archive

January trade news 2008

 

1st February 2008

 

Capital Gains Tax may not be compatible with EU law

The recent amendments to Capital Gains Tax (CGT) may be incompatible with European law, it has been claimed.

The Institute of Chartered Accountants of Scotland maintains that the changes may not provide wholesalers, retailers and importers with adequate time to claim their relief entitlements.

Director of taxation with the organisation, Derek Allen, has revealed that government may be forced to make further changes to the regulations to harmonise it with existing continental rules.

"Taxpayers now have less than ten weeks to rearrange their assets and, if necessary, try to arrange a disposal to protect some of the indexation relief which may have accrued because of inflation between 1982 and 1998," he said.

Mr Allen added: "It is wrong to tax inflationary gains and it would be contrary to European law to deny taxpayers sufficient transitional time to rearrange their affairs before the new legislation is enacted," he added.

According to European case law a 90-day transitional period would be a more acceptable time frame.

 

(c) 2008 Adfero Ltd.

 

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