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HMRC
have a number of long established ‘Extra Statutory Concessions’ which have
been published and accepted in practice as binding. However, a 2005 House of
Lords decision cast doubt upon HMRC’s ability to act in this way, even on
grounds of general equity.
As a
result HMRC have been reviewing their previously published concessions and
they expect to complete this review in August 2008.
HMRC
consider that the majority of published concessions are within their present
statutory powers. For the minority of published concessions which are not,
and which appear to require additional legislation, HMRC’s intention is to
introduce measures in Finance Bill 2008 so as to ensure that such
concessions are made statutory.
Our view
We welcome this removal of any uncertainty over the legal status of
published HMRC concessions |
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