Current tax consultations as at 1 December 2019

Julian Harris

December 2, 2019

Open consultations

Draft legislation: The Social Security (Contributions) (Amendment No X) Regulations 2020


Closing date: 16 January 2020

These draft regulations will enable HMRC to collect and report the Class 1 National Insurance contributions due on termination awards above £30,000, and on payment arising from non-contractual and non-customary sporting testimonials above £100,000 created in the National Insurance Contributions (Termination Award and Sporting Testimonials) Act 2019. The legislation is intended to take effect from 6 April 2020; potential respondents to the consultation are provided with a technical overview in addition to the draft regulations.

Recently closed consultations

The following consultations terminated within the last two months and are listed in date order.

Draft legislation: The Value Added Tax (Refund of Tax) Order 2019


Closing date: 14 November 2019

Views are sought on draft legislation allowing the following four named public bodies to obtain refunds of VAT incurred in the course of their non-business activities: The East West Railway Company (a non-departmental body set up to accelerate the East West Rail project); High Speed Two (HS2) Ltd (a company responsible for delivering the new high speed rail network); Transport for Wales (a not-for-profit company with responsibilities for transport operating on behalf of the Welsh Government); and the Single Financial Guidance Body (a corporate body replacing the Money Advice Service, the Pensions Advisory Service and Pension Wise).

Draft legislation: The Value Added Tax (Drugs and Medicines) Order 2019


Closing date: 30 October 2019

The effect of this draft legislation – on which views are sought – is that supplies by registered pharmacists of items prescribed by appropriately qualified health professionals practising in a country outside the UK (as defined in the Human Medicines Regulations 2012) are zero-rated for VAT purposes.

Draft Regulations: The UK Property Rich Collective Investment Vehicles (Amendment of the Taxation of Chargeable Gains Act 1992) Regulations 2019


Closing date: 25 October 2019

New provisions were introduced by Finance Act 2019, Sch 1, extending taxation of gains accruing to non-UK residents to include gains on disposals of interests in non-residential UK property. These draft regulations, on which comments are invited, amend part of the rules specifically concerning ‘UK property rich’ collective investment vehicles (CIVs) and their investors.

International Tax Enforcement: disclosable arrangements


Closing date: 11 October 2019

The government is consulting on draft regulations to implement EU Directive 2018/22 – known as DAC 6 – which amends the Administrative Cooperation Directive on tax matters introduced in 2011. The DAC 6 regulations will require promoters, intermediaries and taxpayers to report details of certain types of cross-border arrangements to HMRC. Member States are required to have legislation in place giving effect to DAC 6 by 31 December 2019, and the UK is determined to press on notwithstanding the decision to leave the EU.