Posts Tagged ‘Liability’

Tax Arrangement Liability for Awards Received from Legal Settlements

Saturday, September 4th, 2010

Tax Arrangement Liability for Awards Received from Legal Settlements

“Tax planning” is the important financial aspect for any business or individual that needs strategic decision to make with utmost care. It indicates how well organized you are managing your current portfolio and thus keep yourself prepared for any possible consequences much ahead of time. To keep it simple, tax preparation is more about determining optimum time and manner to streamline business and personal transactions and thus eliminate or minimize the amount of tax.

Smart ways to plan your tax liability:

But all these skills are knowledge based and practice oriented only. So one must seek fruitful advice and easy-to use guidelines from a good and trustworthy tax planning lawyer. Financial planning and its cost effective execution to save your hard earned money is all about a smart game that you can play by – donating to selected charities,  avoiding tax preparation scams, understanding the tax basics of  Individual Retirement Arrangements (IRAs) and Social security Income etc. Being familiar with the IRS (Internal Revenue Service)   and its assessment schemes may also help in lessening the chance of being audited by IRS and thus can ensure your right for tax deductions. These are the simple rules and guidelines to achieve smooth financial stability in your business or personal life and thus make the best use of your tax formulation strategies.

Well, here goes another type of tax consequences and issues resulting from legal settlements or lawsuits. It happens many a time when you have been awarded money or property in the form of legal compensation. Will there be any tax deductions from your compensation value? If it is, then which legal cases would be considered taxable and in what conditions? Yes, there is hell lots of issues grappled with taxation policies particularly for legal claimants. Discuss the matter with one of the competent tax planning lawyers before the matter gets out of hand.

Personal Injury awards are exempted from Tax:

Since the claimed value for personal physical injury or physical sickness is not considered as income, they are not taxable.  Whatever the mode of payment you claim from the offender, in lump sum or instalments, you need not pay any tax for that. But for punitive damages from a personal injury lawsuit you need to do so.

Non-personal injury awards are taxable:

Any amount received from non-personal injury lawsuits are treated as ordinary income and are taxable. Get in touch with Portsmouth tax planning lawyers to have a clear idea. Here is the list of items that are considered as ordinary income.

•    Payments for lost wages or lost profits
•    Interest accrued on any award.
•    Awards due to punitive damages, i.e. if you have been awarded in a case against malicious wrongdoer your income would not be relieved from tax deductions.

•    Money received in settlement of pension rights

•    Damages due to patent or copyright infringement breach of contract or illegal poaching to your business operation.

•    Back pays and damages for emotional distress. Though emotional harassment is not a type of physical injury or physical illness, while you receive the award for such damages, those are going to be considered as physical harm only. These damages don’t come under income, so are not taxable. But there are exceptions to these damage classifications also and you need to clarify it from the tax planning lawyers.

•    Attorney remuneration and costs including contingent fees

Finally ask your lawyer the variety of award giving damages and the tax relief possibilities for which you may get entitled to series of benefits.

Daniel Williams is an eminent personality among Portsmouth Tax Planning Lawyers. He had already bagged a chunk of experience in this field of tax preparation and planning. This article has been dedicated to those who are finding difficulties on tax consequences of a legal settlement. Visit this website http://www.gandersonlaw.com  to get more details.

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Chancel Repair Liability: 21 Things You Need to Know And Then Mostly Forget

Tuesday, April 13th, 2010

Chancel Repair liability is an ancient medieval law which could still affect your Conveyancing transaction when you buy a property in England and Wales.

Here is a run down of 21 questions on the common instances and practicalities of Chancel Repair Liability in modern Conveyancing practices, and how it can impact on the buying and selling of your home.

Let’s start at the beginning:

1. What is a Chancel:

The Chancel is the area where the altar, pretty much the east end of the Church.

2. What is the standard of repair required: Is it unlimited?

It was thought to be nothing more than keeping the Chancel watertight and maintain essential fittings. There was no obligation to provide repair which was purely ornamental and decorative. This seems to be no longer the case and improvements can be factored in to the cost

3. Why is it confined to Pre Reformation (1534) Churches?

It is simply a Conveyancing anomaly going back to the reign of Henry VIII. When he dissolved (or privatised as we would say now) the monasteries, he also passed on the liabilities to the new owners, who became Lay Rectors.

4. How many properties are affected by Chancel Repair Liability?

It is estimated that as many as 5200 properties may be the subject of the Liability, although some 1200 will be the responsibility of the Church Commissioners and Deans of Oxford, Cambridge and Durham Universities as well as the colleges of Winchester and Eton.

5. What act governs the law in relation to Chancel Repairs?

The 1932 Chancel Repair Act.

6. Will the Chancel Repair Liability show up on my Title Deeds?

Not necessarily. In some cases it will be, but in the majority of cases no.

7. My property is registered at the Land Registry. Will the Land Registry make it clear?

No, the same still applies. However, if there is no entry placed on your deeds by 2013 (because of legislation passed in 2002), then the liability cannot be enforced against you.

8. Who can enforce Chancel Repair Liability?

The 1932 Chancel Repair Act gave the power to bring court action, if a lay rector failed to repair the Chancel of a relevant church, to the Parochial Church Council

9. What or who is a Lay Rector?

Quite complicated to explain, but in essence, the Lay Rector was in most cases, institutions which took on the responsibility of the rector’s liability as a result of the dissolution of the monasteries. However, in some cases this could also be the person who assumed the liability handed down with land through the generations.

10. Why would a PCC want do this in this day and age?

Money is tight, and in the most recent case, the PCC were refused a grant from English Heritage because “they had failed to exhaust other avenues of finance” i.e. Chancel Repair Liability

11. Will my house be the only one liable?

In most cases the liability will be joint and several. The PCC could choose to pursue who they liked. That person in turn would be able to claim a contribution from all liable parties. (Although, that would be easier said than done). The worry is that just one registration in an area could allow the whole cost of the repair to be claimed

12. How far away from the Church does my house have to be?

It depends on ancient parish boundaries. You would normally be within sight of the church, but you could be some 30 miles away.

13. Is there anywhere where such maps could be inspected?

The National Archive at Kew has the most information. There is also an online search facility available

A personal search of various historical records could also reveal whether a property would be liable. This would be time consuming and very expensive.

14. Are there any property names which might give the game away?

Yes, there are a few telltale signs. Anywhere with the following should be investigated carefully; Rectory, Glebe, Vicarage and Parsons

15. Are properties in Wales affected as well?

Yes, but to a lesser extent, as Wales was subject to specific legislation in 1920

16. Has anyone had to pay Chancel Repair Liability recently?

Yes. The unfortunate Wallbanks ended up selling their farmhouse Glebe Farm, to pay for the repair of the Chancel to St. John the Baptist Church in Aston Cantlow, Warwickshire. The cost of the repairs was estimated at £200000, and probably as much again in legal costs taking their case all the way up to the House of Lords.

17. What about the Human Rights Act and if my religion is not Church of England?

The human rights angle was used in the Wallbanks case. The Court rejected the argument that the liability was “an unfair and arbitrary tax” as the PPC is not a public body, and church repairs were a private matter. This seems somewhat spurious.

18. Will the knowledge of the liability have an effect on the value of my house?

Yes, if it known. No, if is not known. Your Conveyancing Solicitor will be able to advise from his or her knowledge of the area

19. If there is any doubt, can I insure the property against future liability?

Yes, you can. In the first instance, your Conveyancing solicitor can carry out a screening report. A number of companies carry out such searches. The best known is perhaps ChancelCheck to see if the property is within a potentially liable parish.

20. Is this expensive? No the initial search costs £15 plus VAT

21. What happens if the property I am buying could be potentially liable?

Your Conveyancing Solicitor can then have the property insured for the full amount of the purchase price. Most general legal indemnity insurers will provide cover based on the value of the property. One such policy is ConveySure from the same company which provides ChancelCheck.

The good news is that the Chancel Repair Liability has a definitive shelf life.

The bad news is that until then the liability could bite you firmly on the backside.

The further good news is that you can safely insure where you are in doubt.

The best advice is to speak with your Conveyancing Solicitor


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Pet Insurance & Public Liability – Are You Safe From A Personal Injury Compensation Claim?

Monday, April 12th, 2010

Are you one of the million of Britons famous the world over for being a pet owner and lover? If so, do you have pet insurance? If not, you may well want to read on if you want to save yourself millions of pounds….

Let’s look at two, not uncommon, scenarios that may happen to a pet owner in the UK:

Scenario 1:

You own a dog. The dog is out in the garden. The post comes to the house to deliver a letter. In the course of delivering the letter your dog bites the postman.

Scenario 2:

You own a horse. The horse is grazing in the field. The horse is startled, jumps the hedge and crashes into an oncoming car.

Do you know what would happen in both of these scenarios? Well, if you don’t already know, as you may recall from the recent famous case involving Princess Anne, in Scenario 1 you could be liable to pay damages under the Dangerous Dogs Act. Less well known, in Scenario 2 you could be liable to pay damages under a recent House of Lords interpretation to the Animal Act 1971. Either way, you’re paying.

How can you limit the liability you’ll suffer if either of these unfortunate events where to occur? Without some form of pet insurance policy you could not. As such, if you have a pet and want to save yourself from the prospect of having to pay out a potentially large amount of money in compensation damages to a third party – now is the time that you should be considering getting pet insurance.

Although pet insurance is unlikely to cover you for the full costs you that you may need to pay to both defend your self against a claim and also pay compensation if you lose, as there is likely to be a minimum excess payment and maximum cap payment, for a reasonable annual premium payment you can arrange to have cover that would pay a large portion of this amount.

At the end of the day, however, having pet insurance is like having any other type if insurance. Would you go out n the roads and drive your car without insuring yourself against an accident? Would you leave all your valuables at home without having any home contents insurance? Do you want to take the chance that you could be used for million in personal injury compensation without having paid a minimal amount in pet insurance?

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