Government consultations since the Autumn Budget

11th March, 2019

By Jackie Crane

The government regularly issue consultations which enable stakeholders to give their views on a variety of matters. HMRC is one of the Government departments that issues consultations and the responses can have an impact on future legislation and policy. As at 6 March 2019, HMRC and HM Treasury had five open consultations and 16 closed consultations awaiting the publication of outcomes.

The government regularly issue consultations which enable stakeholders to give their views on a variety of matters. HMRC is one of the Government departments that issues consultations and the responses can have an impact on future legislation and policy. As at 6 March 2019, HMRC and HM Treasury had five open consultations and 16 closed consultations awaiting the publication of outcomes.

The published guidelines recommend that responses should be published within 12 weeks of the consultation closing so there are potentially 16 documents that could be published at the spring statement, having been issued by HMRC or the Treasury. This figure compares nicely to the number of consultation outcomes published at the 2018 autumn Budget, with 12 being published then. A helpful summary of the consultations that could be relevant to you or your business has been created to demonstrate the current consultations in circulation and their progress.

Watch our Spring Statement coverage to see if any of the expected consultation outcomes are published and to see how they could impact you.

Tax or sector impacted Details of the consultation Relevant dates Status
Insolvency HMRC proposed to introduce legislation making HMRC a secondary preferential creditor for certain tax debts paid by employees and customers on the insolvency of a business. These changes follow the statutory interest rate increasing from 3% to 8% on debts owed to HMRC on liquidation.   Published 26/02/2019 Closes 27/05/2019 Open
Corporate losses This consultation looked at the method to be used for implementing a loss restriction for carried-forward capital losses arising in a company. The proposed restriction will allow no more than 50% of the capital gains arising in an accounting period to be offset by carried-forward losses. The consultation also looks at specific exemptions and unintended consequences. The rules are due to apply from 1 April 2020. Published 29/10/18 Closed 25/01/19 Closed
Stamp duty land tax Views were welcomed on the drafting of legislation looking at the reduction in the time limit to file a SDLT return and pay tax due. This legislation became effective from 1 March 2019 reducing the time limit from 30 days to 14 days from the effective date of the transaction. A new consultation has been published looking at whether a 1% surcharge should be applied to non-UK residents purchasing residential properties in England and Northern Ireland from 6 April 2020. The consultation closes on 6 May 2019. Published 30/10/18 Outcome 04/02/19 2nd consultation published 11/2/19 Open
Stamp duty HMRC invited views from professionals on the impact of aligning the contingency rules for stamp duty purposes and the most practical way of doing this, adopting the definition of consideration from the SDRT legislation and extending the market value rule.   Published 7/11/18 Closed 30/1/19 Closed
Off-payroll working The consultation for off-payroll working in the private sector follows the changes made to off-payroll working in the public sector. The initial consultation sought views on the best way to tackle non-compliance with the off-payroll working rules (IR35) in the private sector. A new consultation has been published seeking views on how the rules will work from April 2020. Published 18/05/18 Outcome 29/10/18 2nd consultation published 5/03/19 Open
Property A number of consultations were published impacting residential and commercial property owners. The first looked into making it easier for tenants to access high quality and reliable broadband connections. The second consultation is an attempt to simplify and speed up the planning system to support the high street, make effective use of land and deliver more homes. A further consultation was published dealing with business rates and the closing date has passed. This considered the general reform of business rates policy and treatment of self-catering accommodation. Published 29/10/18 Closed Dec/Jan Closed
Innovation A consultation was published to help build the government’s understanding of whether there are opportunities to further encourage new innovative methods in the utilities sectors to improve outcomes for consumers.   Published 29/10/18 Closed 15/1/19 Closed
Trusts A consultation had been published to reform the taxation of trusts to make it simpler, fairer and more transparent. The consultation set out the government’s principles for taxing trusts and assessed how the current taxation system aligns to those principles. PKF Francis Clark responded to this consultation, and responses are currently being analysed.   Published 7/11/18 Closed 28/2/19 Closed
Compliance HMRC sought to obtain views on the process of how an individual amends a tax return and develop a process that is simple and transparent. The consultation called for evidence to demonstrate the process and the issues an individual faces when making an amendment to a return. In addition, HMRC is wants to review how individuals selling via online platforms and marketplaces are complying with their obligations to file a self-assessment tax return and how to ensure that HMRC works with the taxpayer and the online platforms to guarantee compliance. Published 13/3/18 Closed 8/6/18 Closed
Overseas A consultation document has been published to improve the information requirements and processes for an individual reclaiming the overseas transfer charge. Published 12/11/18 Closed 7/12/18 Closed
Digital services A digital services tax was announced in the 2018 autumn Budget and a consultation was published to consider the design and implementation of the tax. This was designed as an interim response, pending global reform.   Published 7/11/18 Closed 28/2/19 Closed
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