Bullet Point Updates
Bullet Point Update 8 – August 2024 – Abolition of Furnished Holiday Lettings Tax Regime
Background – the current rules for the Furnished Holiday Lettings (“FHL”) tax regime Under the current tax rules the income from furnished holiday lettings may treated as “trading income” instead of income from a “property business”. If the income is treated as...
2024 Bullet Point Update 4 – Assisted Dying – Assisted Dying For Terminally Ill Adults (Scotland) Bill
This is not a cheerful subject but is an important one. Towards the end of last month the Assisted Dying for Terminally Ill Adults (Scotland) Bill was introduced to the Scottish Parliament by Liam McArthur MSP: Assisted Dying for Terminally Ill Adults (Scotland) Bill...
2024 Bullet Point Update 1 – Trusts And Succession (Scotland) Act 2024
Just before Christmas MSPs unanimously passed the Trusts and Succession (Scotland) Bill which became an Act this month although much of it is not yet in force. Most of the Act concerns long-awaited modernisation and improvements to trust law rather than any extensive...
2024 Bullet Point Update 3 – Additional Dwelling Supplement – Taxing Refinements
Land and Buildings Transaction Tax (“LBTT”) Where an individual buys a residential property, for example a house or a flat, “Land and Buildings Transaction Tax” (“LBTT”) is usually payable. The amount of LBTT payable depends on: the date the property was purchased;...
2024 Bullet Point Update 2 – Ownerless Property and The New Ownerless Property Transfer Scheme
For hundreds of years landownership in Scotland had been based on a feudal system under which there was a hierarchy of interests in the same land and at the ultimate head of the hierarchy was the Crown. Many aspects of the system were whittled away over the centuries...
2023 Bullet Point Update 12 – Planning Permission and Short-Term Lets
Something was said about renting out your flat or house on a short-term let and the consequent requirements for a licence from the local authority in both our February 2022 Bullet Point Update 2022 Bullet Point Update 2 - Licensing Shake Up for Airbnb's & Short...
2023 Bullet Point Update 7 – Council Tax Premium On Second Homes
As is well known, Council Tax is a tax on domestic property collected by local councils and the money is used to pay for local services like rubbish collection, roads and street lighting. Some people can get a discount on their Council Tax bill, and some don’t have to...
2023 Bullet Point Update 7 – Medical Practitioners & “Informed Consent”
A recent case in the Supreme Court (McCulloch v Forth Valley Health Board, 2023 S.L.T. 72 (“McCulloch”)) has clarified the legal test to be applied to a doctor’s advisory role in telling a patient about treatment options. The “professional practice test” The legal...
2023 Bullet Point Update 7 – Continuing Powers Of Attorney – Attorneys Accounting To Executors
What is a “continuing power of attorney”? A continuing power of attorney is a legal document which an adult may create, while mentally able to do so, to give someone else the power to manage their property and financial affairs should they no longer have the capacity...
2023 Bullet Point Update 2 – Charity Law Reform – The Charities (Regulation and Administration) (Scotland) Bill
The Charities and Trustee Investment (Scotland) Act 2005 The main legislation governing charities in Scotland is the Charities and Trustee Investment (Scotland) Act 2005 (“the 2005 Act”). In particular, the 2005 Act established the “Office of the Scottish Charity...
2023 Bullet Point Update 1 – Time for a Tesla? – Glasgow’s Low Emission Zone
A headline in the Sunday Times on 15 January was: “Emission zone is ‘final nail in coffin’”. This related to Glasgow’s low emission zone scheme (“LEZ”) which will be fully operational from 1 June. The article went on to quote Thomas Kerr, a Scottish Conservative...
2022 Bullet Point Update 12 – Benefits in Scotland Overhaul & the Ripple Effect
The snappily-titled Social Security (Scotland) Act 2018 (Winter Heating Assistance)(Consequential Modifications) Order 2022 came into force last month. Topical though it may be with its indirect evocation of cold weather this note says little about it. But it...