Lack of legal continuity will cause uncertainty, says CIOT

The EU (Withdrawal) Bill fails to meet the government’s objective that the same rules and laws will apply on the day after leaving the EU as on the day before according to the Chartered Institute of Taxation. It warned this would lead to damaging uncertainty for taxpayers and government alike.

In a submission to the Department for Exiting the EU ahead of the Bill’s committee stage the CIOT argues that the uncertainty arises when the legislation deviates from its primary purpose which is to preserve the law as at exit day. Specifically most of the complications arise as a result of the Bill not giving full effect at least initially to the general principles of EU law given the impact they have had on decided cases on UK tax issues.

These include the principle of ‘abuse of rights’ which operates to protect...