Tax Bulletin Index - Issues 1-80

Index to articles, interpretations and decisions appearing in Tax Bulletin Issues 1-80, which remain valid at December 2005

Issue number page guide

1. 1-8
2. 9-16
3. 17-24
4. 25-36
5. 37-48
6. 49-60
7. 61-76
8. 77-92
9. 93-104
10. 105-120
11. 121-136
12. 137-160
13. 161-172
14. 173-188
15. 189-200
16. 201-216
17. 217-228
18. 229-248
19. 249-260
20. 261-276
21. 277-292
22. 293-312
23. 313-324
24. 325-344
25. 345-360
26. 361-380
27. 381-404
28. 405-424
29. 425-444
30. 477-496
33. 497-516
34. 517-538
35. 539-562
36. 563-578
37. 579-602
38. 603-622
39. 623-634
40. 635-658
41. 659-678
42. 679-690
43. 691-702
44. 703-714
45. 715-730
46. 731-750
47. 751-766
48. 767-778
49. 779-794
50. 795-817
51. 819-830
52. 831-846
53. 847-866
54. 867-882
55. 883-894
56. 895-910
57. 911-922
58. 923-930
59. 931-942
60. 943-962
61. 963-978
62. 979-994
63. 995-1010
64. 1011-1030
65. 1031-1042
66. 1043-1058
67. 1059-1066
68. 1067-1078
69. 1079-1098
70. 1099-1114
71. 1115-1130
72. 1131-1150
73. 1151-1162
74. 1163-1174
75. 1207-1214
78. 1215-1230
79. 1231-1250
80. 1251-1266

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Accountancy principles and taxable profits

- tax treatment of certain telecommunications licences and IRU's 815

Accountants

- Revenue 758, 923
- thieves bag cheques bound for accountant 762

ACT – see under "Dividends & Distributions"

Agents

- receiving copies of assessments 3

Annual payments

- application of PAYE 196

Appeal hearings

- location (now Regulation 100(2) SI 1993 No 744) 70, 387
- National Insurance Contributions 659
- Special Commissioners publication of decisions 258

Authorised Investment Funds 1262

Avoidance

- company purchase schemes 168, 208
- Section 703 ICTA 1988: Sheppard and Sheppard v CIR 90
- share buybacks and Section 703 ICTA 1988 590
- transactions in securities, intra group dividends 37
- via Employee Remuneration Packages (soft currencies) 1001

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Beneficial loans – see under Schedule E

BSE compensation 396

Building Society and other windfalls

- free shares and cash bonuses 517

Businesses,individuals and the settlements legislation

- part I 1011
- part II 1085

Business Link Website 1127

- easing the burden of taxes 1228

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Capital Allowances

- abortive expenditure on plant and machinery 13
- enterprise zones and IBA 553
- aircraft 1074
- modern printing equipment 916

Capital Gains Tax

- attribution of gains to shareholders 74
- authorised Unit Trust Umbrella Schemes 419
- bookmakers' pitches 699
- capital sums derived from assets-reliefs & Extra Statutory Concession D33 967

- Companies valuation of large land portfolios at 31.3.82 917, 1064
- compensation payable to agricultural and business tenants 303
- corporation tax and degrouping charges 116
- corporate trustees and hold over relief 815
- devolution of qualifying corporate bonds on death 46
- EIS - see under "Enterprise Investment Scheme"
- ESC D39- extension of leases – tenants rights 672
- hold-over relief and SP8/92 417
- Holdings of Shares - Matching Acquisitions and Disposals 839, 876
- indexation
- assets held on 31 March 1982 (S35(5) TGCA 1992) 54
- enhancement expenditure 32
- Section 35(5) TCGA 1992 5
- machinery: meaning of 166
- Mansworth v Jelley - claims to increase capital losses for SA tax years 1061
- negligible value claims – meaning of "small" 397
- non-resident trusts 82, 204, 888
- post transaction valuation checks 401, 728
- private residence relief
- garden or grounds 239
- joint ownership 20
- retirement relief 653
- extending the qualifying period 397
- roll-over relief
- depreciating assets: land and buildings 73
- SP 13/93, compulsory acquisition 672
- SP 13/93 comp.acquisiton – extension 1212
- Section 31(7B) MCA 1973: Payments of lump sums 840
- share exchange: consideration partly in qualifying corporate bonds 57
- share reorganisation: open offers 148
- shotguns 726
- Taper Relief 852
- Taper Relief-Anti Avoidance (Paragraphs 11 & 11A Sch A1 TCGA 1992) 963
- Taper Relief and Employee Shares held in Trust 828
- partnerships - disposal of partnership goodwill by partners - revised statement of practice D12 970
- transfers at undervalue to employees or directors 181
- transfer of shares within a group-QCBs 372
- Trusts
- authorised unit trusts & open ended investment companies 948
- large land portfolios 813, 838
- valuation of assets at the date of death 209
- valuations applying Gray v IRC [1994] 337
- variation of inheritances following a death 194
- wines and spirits 686

Certificates Of Tax Deposit 1025

Certificates Of UK Residence

- for companies 989

Charities

- abnormal dividends received by tax exempt bodies 537
- capital payments by offshore trusts 573

Childcare

Changes to employer-supported childcare 1178

Claims to relief

- carry back under SA 774
- claiming tax back on behalf of people who are unable to act for themselves 301
- late claims for loss relief 183

Clubs, societies and voluntary associations 600

Codes of Practice 69

COP 10 information and advice 536

Commissioners

- Procedural rules for General & Special Commissioners 158
- Publication of decisions 258
- Referrals to during an enquiry 915

Companies

- relief for underlying tax paid by overseas subsidiaries 1063

Company Purchase Schemes 168, 208

Compensation

Financial mis-selling, tax treatment of interest 1131

Construction Industry Scheme

- turnover tests 615
- workers 405

Controlled Foreign Companies – see under "International"

Corporation Tax

ACT – see under "Dividends & Distributions"

- chargeable gains: degrouping charges 116
- Chargeable Gains valuations 925
- charges on income: employees business expenses receipts - retention requirements 925
- Groups
- group payment arrangements 684
- intra group interest 218, 554
- modernisation of group relief (FA 2000) 783
- new Return forms 682
- Pay and File
- apportionments between Financial Years 340
- members' clubs, societies and voluntary associations 600
- post-death variation 254
- purchase of own shares by unquoted company 280
- Quarterly instalment payments 621, 723
- QIS and group payment arrangements 645, 683, 831
- quarterly payments for large companies 960
- Statement of Good Practice for enquiries 1126

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Dairy Farming – see under "farming"

Delaware Limited Liability Companies (DLLCs) 827

Discovery and Disclosure

- claims to error or mistake relief and discovery 817 - under self assessment 313

Dividends & Distributions

- abnormal dividends received by tax-exempt bodies 537
- Section 703 ICTA: intra-group dividends 37
- stock dividends in discretionary trusts - appeal result 1178

Domicile - see under "International Tax"

Double Glazing-change of Revenue Practice 936

Double Taxation – see under "International Tax"

Dual contract arrangements 1201

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E-Commerce

- Tax in the electronic age 709

Electronic funds transfer 71

Employees

- coming from abroad to work in the U.K 955

Employee Share Plans

- conditional shares and related topics 731

Employer

- Help us to save your van drivers tax 1160
- Statement of Good Practice for ECR 1126

Employers Annual Returns 2004 – 05 1258

Employers & Employees – see under "Schedule E"

Enterprise Investment Scheme

- income tax relief 924
- options over shares 197
- qualifying trades 240, 877
- raising money for qualifying business activities 305

Enterprise Zones: IBA on Partially Completed Buildings 553

Equitable liability 245

Equity notes 68

Estates of deceased persons - see under "Inheritance Tax"

Euros – payment of tax in 633

Expatriate tax/NICs issues 1032

- Inward expatriate employees 1125

Expenses – see under Schedule D or Schedule E

Extra Statutory Concessions

- ESC A100 Compensation for Holocaust Victims 851
- ESC A101 Personal Pension Schemes 874

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Farming

- arable area payments 108
- averaging
- animal grants and subsidies 182
- BSE compensation 396
- compensation to agricultural and business tenants 303
- Milk Marque shares - October 1998 bonus issue 685
- milk producers SLOM compensation 127
- milk quota
- compensation for permanent cuts 474
- receipts from residuary MMB 461
- Sugar beet outgoers scheme 891

Fee protection insurance 1036

Form P11 D – see under "Schedule E"

Form 17 1008

Form R185 1025

Fraud

- new criminal offence for tax fraud 782
- new Civil investigation of fraud procedures 1245

Furnished holiday lettings

- Sections 503/504 ICTA 1988 and Loss Relief Claims under Section 381 ICTA 1988 472

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Gifts – see under "Capital Gains Tax" or "Inheritance Tax"

Goodwill and Incorporation 1199

Group Relief

- UK branches of companies resident in the European Economic Area 961

Groups of Companies – see under "Corporation Tax"

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Hansard Procedure

- Changes to the 979

Herd basis – see under "Farming"

Heritage property – see under "Inheritance Tax"

HMRC

- creation of a legal gateway between HMRC & the financial reporting review panel 1243

Human Rights

- & Penalties 973

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Independent taxation

- interest paid on joint loans 14

Industrial Buildings – see under "Capital Allowances"

Information Powers

- information and penalty powers for CT QIPs 683

Inheritance Tax

- accumulation & maintenance trusts 813, 892
- business and agricultural relief 182
- deceased estates-new procedures for income tax and capital gains tax 1043
- excluded property settlements by people domiciled overseas 398
- gifts with reservation 98
- "heritage" property 272
- payment of tax in person 577
- post-death variation of inheritance by survivorship 254
- retirement benefits 11
- valuation of assets at the date of death 209
- variation of inheritances 194

Insurance

- assignment on divorce of life insurance policies, capital redemption polices and purchased life annuities 1071
- sickness and unemployment insurance 377

Interest

- business cessations and Section 86 interest 510
- claiming tax back on behalf of people who are unable to act for themselves 301
- deduction of tax and tax relief at source 685
- gross payments of interest 867
- interest on late payment of tax 58
- interest on Section 350 Assessments 827
- Late Payment of Commercial Debts (Interest) Act 1998 686
- Loan Relationships
- accrual of purchase discount on loans repayable on demand 441
- loan to buy into partnership 58
- provision of certificates of interest paid to borrowers 210
- Swaps held by non-corporates 1054
- treaty claims and loan interest 631

International tax

- application for clearances, approvals & agreements 748
- certificates of UK residence for companies 989
- companies relief for underlying tax paid by overseas subsidiaries 1063
- double taxation
- credit relief Chile - additional tax 903
- credit relief Turkey – compulsory fund surcharge 903
- employees and double taxation agreements 220, 357
- employment agencies operating in the Netherlands 1026
- Federal Excise Tax (FET) – UK/USA 1110
- French national service volunteers 307
- Germany - withholding tax on certain income 207
- Hong Kong after 1997 357
- provisional treaty relief (PTR) scheme 668
- relief for underlying tax 1007
- treaty claims and loan interest 631
- update on DT conventions and Double Contribution Conventions 938, 1221
- Double Taxation Relief: Tax Consolidations within S803A 911
- Employees sent from abroad to work in the UK 1235
- financial global trading 617
- foreign entity classification 809
- foreign entities – Memec plc v CIR 627
- intra-group interest 218
- Investment Manager Provisions FA 1995 829
- non-resident trusts 82, 204
- Offshore Funds Legislation 1152
- offshore trusts and "protected settlements" 620
- personal residence: 'Mobile workers' living in the UK 836
- Residence and Ordinary Residence
- employment: meaning of "full-time" 57
- non-residents trading in the UK 237
- residence rulings and domicile (SA) 425
- visitors to UK: residence 130
- year of arrival 599
- year of departure 576
- review of links with business-International tax issues 943
- Section 739 – transfer of assets abroad 651
- stock exchanges (recognised overseas) 1205
- Taxation of Share Options: Internationally Mobile Employees 883, 951,1193
- transfer pricing
- advance pricing agreements 697
- and the arbitration convention 465, 575
- financial transactions 580
- penalties 603
- record keeping 579

- E-Commerce – tax in the electronic age 709

Investment Trust Companies

- eligible investment income & offshore gains 1242

IR 35

- composite and Managed Service Companies and the 'Service Company' legislation 1165
- composite service companies and the 'Service Company' Legislation 956
- frequently asked questions 751
- providing service through an intermediary What happens next? 819
- provision of personal services through Intermediaries 715
- service company legislation & international issues 1016

IRU's clarification of FA 2000 provisions 815

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Large Business Office

- Statement of Good Practice 1126

Limited Liability Companies

- Delaware LLC 827
- Partnerships 801

Link Papers

- how the figures in the accounting records feature in the return 1031

Loan Relationships (see also under "Interest")

- accrual of purchase discount on loans repayable on demand 441
- deduction of tax at source from interest 685
- and partnerships 987

Losses

- late claims 183
- Section 503-4 ICTA 1988 and loss claims under Section 381 472

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Manufactured Payment

- unallowable purpose provision 1132

Mariners

- offshore manning arrangements 785

Milk quota - see under "Farming"

Money Laundering Regulations 2003 1099

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National Insurance Contributions

- Aggregation of Earnings and "Not reasonably practicable test" 767
- changes to NIC's from 6 April 2003 991
- Class 1A –time apportionment of earnings 1235
- Decisions and appeals 659
- EU Enlargement and NICs 1101
- Late Notification Penalty 887
- Liability on payments into FURBS 1037
- Penalties for Inaccurate NICs 749
- Personal Liability Payments 868
- Revised special rules for entertainers 1033
- Schedule D Cases I & II: personal pension contributions 74, 134
- & Statutory Payments Act 1117

National Minimum Wage:

- impact on Directors 795

Non Residents

- trading in UK, the arms' length principle 237
- working in the UK for short periods- the "60-day" rule 1069

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Online Filing & Electronic Payment 1073

- Agents and tax practitoners 1168
- employers 1084
- employer's Annual Returns 2004-05 1155,1189
- Handbook 1124
- impact on Insolvency; Liquidations; Receiverships; Administrations; Bankruptcies And Voluntary Arrangements 1157
- Online filing for 2004-05 & 2005-06 1151

- processing Annual Returns 1220
- quality standard 1137

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Partnerships

- interest paid on loan to buy into partnership 58
- limited liability partnerships (LLPs) 801
- loan relationships 987
- Self Assessment
- continuation elections 214
- extended time limits 339
- new procedures for taxing partnerships 146
- Tax & Civil Partnership Regulations 2005 1251

Pay and File - see under "Corporation Tax"

PAYE - see under "Schedule E"

Payroll Giving 792

Payments in lieu of notice (Pilon's) 325, 999

Penalties

- amendments to SA returns and penalty implications 597
- daily-for outstanding SA returns 915
- reasonable excuse for late filing of tax returns and surcharges 527
- NICs: late notification penalty 887
- Stamp Duty Reserve Tax - failure to notify liability 589
- transfer pricing 603

Pensions, pension contributions, pension schemes

- Alterations to Old Pension Funds – Pension Sharing on Divorce 844
- counteraction of tax advantages 31
- inheritance tax: retirement benefits under private pension contracts 11
- loss of approval 906
- New ESC A101 874
- organisational change 904
- personal pensions: carry back of premiums under SA 361, 396, 443
- pension sharing on Divorce or Nullity 790

Pension Schemes Office updates

- synopsis 272, 320, 358, 474, 492, 535, 600 621, 700, 788, 905, 919

Plant and machinery - see under "Capital Allowances"

Powers of attorney 51

Private residence relief - see under "Capital Gains Tax"

Public Service Agreement 1 1179

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Rebasing - see under "Capital Gains Tax"

Record keeping requirements

- Self Assessment (IT & CT) 587
- transfer pricing 579

Recovery of Tax & Primary NICs from an Employee

- New Appeals provisions 1108

Reform Of Financial Regulation in the U.K

- Tax Implications of 924

Registered Social Landlords (RSL) large scale transfers of local authority housing 1145

Relocation packages - see under "Schedule E"

Remuneration - see under "Schedule E"

Repayment claims

- administrative changes 134

Repos

- price differential 1052

Residence and ordinary residence - see under "International Tax"

Roll-over relief - see under "Capital Gains Tax"

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Schedule A

- service charge funds and sinking funds 770
- furnished holiday lettings 472
- income from UK Property
- repairs to let,Computation Of Profits 935

Schedule D Cases I and II

- accountancy expenses and SA enquiries 596
- error or mistake 117
- farming - see under "Farming"
- legal expenses
- termination of employment 170
- letting surplus business accommodation 115
- personal pension contributions: Class 4 NIC 74
- subsistence: self-employed lorry drivers 88

Schedule D Cases III - VI

- meaning of source (see also TB 10) 100

Schedule E

- Company cars – advisory fuel rates 1218
- relocation packages 122
- ESC A85 211 - transfers of assets at undervalue 181
- double taxation 220, 357
- employees coming from abroad to work in the UK 955
- emoluments in respect of duties performed in the UK Case II Sch E 996
- PAYE coding allowances & section 203D ICTA 1988 998
- PAYE - relaxation for short term business visitors 998
- UK resident & ordinarily resident employees working overseas 999
- employees who work at home-tax relief for unreimbursed Homeworking Expenses 1231
- employment status of construction workers in the film & TV industries 775
- Foreign earnings deduction (FED) – meaning of 'Ship' 913
- Foreign Nationals 931
- substitute form 334
- PAYE
- annual payments 196
- self assessment changes to the PAYE Regulations 333
- personal residence: 'Mobile workers' living in the UK 836
- remuneration in shares subject to risk of forfeiture 545
- secondment - employees in UK 805
- service companies
- frequently asked questions (IR35) 751
- provision of personal services through intermediaries 715
- termination payments
- legal costs 101, 170
- voluntary payments of tax following an employers complicance review: NICs 1211

Schedule F Income and Trustees 629

Section 703 ICTA 1988

- intra-group dividends 37
- late submissions 656
- pension funds 31
- share buy backs 590
- Sheppard & Sheppard v CIR 90

Sections 765 and 765A ICTA 1988 Treasury consents 788

Securities - see under "Shares & Securities"

Self Assessment - see also Special Editions 1 & 2 and supplement to 2

- accountancy expenses incurred 596
- amendments to returns and penalty implications 597
- allocation of investment income 371
- claims carryback under SA 774
- cessations of businesses and S86 interest
- new ESC 510
- daily penalties for outstanding returns 915
- discovery and disclosure 313
- discovery provisions with an open enquiry window 875
- getting up to date 111
- insolvency 530
- late filers 1067
- Machinery Legislation (ITSA) 850
- overlap profit
- apportionment 597
- recording overlap profit carried forward 597
- partnerships
- continuation elections 214
- extended time limits under S36(2) 339
- new procedures for taxing partnerships 146
- PAYE
- claims to PAYE coding 350
- pension contributions carry back 361, 443
- provisional figures in returns 916
- reasonable excuse 527
- receipts for tax returns 1261
- record keeping - CTSA and ITSA 587
- residence rulings and domicile 425
- section 703 742
- short tax return 1079
- standard accounts information (SAI) 436
- statements of account 656, 673
- tax return 1187
- transition to the current year basis 111
- trustees of certain pension schemes 628

Shares & Securities

- Building Society windfalls 517
- consortium relief 372
- EIS - see under "Enterprise Investment Scheme"
- equity notes 68
- Form 42 1204
- purchase of own shares by unquoted company 280
- qualifying corporate bonds (QCBs)
- consideration on share exchange 57
- devolution on death 46
- gift to charity 21
- transfers within a group 372
- recognised overseas stock exchanges 1205
- remuneration in shares - see under "Schedule E"
- repos 1052
- share buybacks and Section 703 ICTA 1988 590
- share reorganisations - open offers 148
- Share options- internationally mobile employees
- tax issues 951, 1193

Sheppard and Sheppard v CIR 90

Sickness and unemployment insurance 377

Social Security (Contributions)

- Share Options 907
- Gratutities and offerings (amendment) 1121

Stamp Duty

- Changes to 1059
- Finance Act 1994 234
- litigation
- unstamped documents contingency principle 459
- new rates and certificates of value 491
- PFI projects 694
- Stamp Duty Land Tax – compliance 1115
- Stamp Duty Land Tax: Group Relief 1104
- correction to Para 43 in issue 70 1123
- Stamp Duty Reserve Tax –interest and penalties interaction with Stamp Duty 693
- penalties for failure to notify 589
- Use of the SDLT CD-ROM 1175

Statements of Practice

- Investment Manager Provisions FA 1995 829
- SP 02/04: Allowable Expenditure
- expenses incurred by personal representatives & corporate trustees 1147
- SP 8/92 hold-over relief 417

Subsistence - see under "Travel & subsistence"

Surcharge

- late paid tax 904

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Taper Relief

- Employee Shares Held in Trust 828
- Exemption for disposals by companies with substantial shareholdings 982
- Meaning of 'trading company' and related issues para 22 Schedule A1 TCGA 1992 852

Taxation of chargeable gains

- sale of Trust Interests & transfers linked to trustee borrowing 1048

Tax Bulletin "Specials" – see end of index for details

Tax Credit Overpayments 1164

Tax credit relief - see under "International tax"

Tax law rewrite

- core legislation 1057
- draft income tax (earnings & pensions) Bill 975
- draft income tax (trading & other income) Bill 1112
- first rewrite Bill 760
- rewrite of savings and investment income 592
- the way forward 335
- The Income Tax (Trading & Other Income) Act 2005 1210
- updates 675, 687

Tax treaties - see under "International tax"

Telecommunications

- licences & other rights to use telecommunications cable systems 1094

Teleworkers

- Reimbursed expenses & benefits for employees working at home 1068

Tips, Gratuities, Service Charges & Troncs 1081,1207

Transfer pricing - see under "International tax"

Travel and subsistence

- self-employed lorry drivers 88

Trusts

- Accumulation and Discretionary 1120
- HMRC trusts 1228
- liability at the rate applicable to trusts 373
- Management Expenses 1113, 1228
- Modernisation 1215
- new form 41G (Trust) 919
- non-resident trusts 82, 204, 888
- offshore trusts and "protected settlements" 620
- relief for trustees - mineral leases and timber cropping 374
- Schedule F income and trustees 629
- Share Scheme 937
- tax obligations of trustees and beneficiaries of bare trusts 395, 486
- unit trust umbrella schemes 419

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Valuations

- guidance on property 1007
- post transaction checks 401
- valuations applying Grey v CIR (1994) 337

Venture Capital Trusts

- funding of management buy-outs 243
- co-investment and the control rule 471

Visually Impaired Media Unit 1159

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Wines And Spirits: CGT Treatment 686

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Special Editions

February 1997: SA Legislation – Finance Act 1996
July 1997: SA Enquires into Tax Returns
April 2000: Working Together – 1st Edition
May 2001: Foot and Mouth Disease
December 2002: Research and Development
April 2003: UK/US Double Taxation Agreement
December 2003: Amendments to NICs Legislation
May 2005: Nics & Shares
June 2005: Single Payment Scheme

Superseded Articles

The following articles have been notified as being superseded since the issue of index 2004

BIM – Business Income Manual
CA – Capital Allowances Manual
CG – Capital Gains Manual
CT – Company Taxation Manual
EIM – Employment Income Manual
IHTM – Inheritance Tax Manual
INTM – International Manual

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Deleted Articles

These articles have been notified as no longer relevant since index 2004

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Whilst every effort is taken to ensure the accuracy of the information in this bulletin, this cannot be guaranteed. Should you find any errors please advise the Tax Bulletin Team.

Tax Bulletin Index is covered by Crown Copyright. There is no objection to firms copying the Index for their own use. Anyone wishing to republish Tax Bulletin Index or extracts more widely should write for permission to:

Glenda Bishop
Room G12
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