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GAZETTE
JULY-AUGUST
1979
done, however, there can be great advantages. A new
structure is created, giving opportunities for better office
administration, better business, more specialisation, better
service to clients and hopefully greater profitability with
Hess strain to the partners.
It is, I think, in the field of office administration that a
merger offers the greatest advantages. It is extremely im-
portant that the office administration and general backup
to partners are such that the partners themselves are not
submerged with administrative work afid are free to give
théir services to their clients and are free to spend
sufficient time on matters of partnership policy and the
future development of the partnership.
Capital Gains Tax
(Amendment) Act 1978
SOCIETY'S REPRESENTATION AND MINISTER'S
REPLY
The Society through its Parliamentary Committee
made representations to the Minister for Finance on a
number of matters arising out of the provisions of the
Capital Gains Tax (Amendment) Bill 1978. The reply of
the Minister to one of the submissions made may be of
interest to practitioners and accordingly the submission
and the Minister's reply are set out below verbatim.
Society's submission
6. (finally) It is suggested that where a personal
representative disposes of property in the course of
administration, the relief to which the beneficiaries would
have been entitled (had the property been first vested in
them and then sold by them) should be allowed. This
should not result in any loss of Revenue to the State be-
cause obviously if the Personal Representative and
beneficiaries are properly advised they will first vest the
property in the beneficiaries and allow them to sell. Such
an amendment, however, would make for greater con-
venience and efficiency in the administration of estates, as
well as a saving in legal expenses.
Minister's reply
6. Where assets that have been vested in a beneficiary
are disposed of by him he will obviously be entitled to
claim whatever reliefs are appropriate, for example, the
£500 exemption to which an individual is entitled under
Section 16 of the Capital Gains Tax Act, 1975. You
suggest that such reliefs should be granted even where the
personal representatives make the disposal. Under the
legislation as it stands these reliefs are in fact granted to
personal representatives where, in disposing of an asset, it
is clear that they are acting as "bare" trustee for die
beneficiary (Section 8 (3) of the 1975 Act). Generally
speaking, where there is evidence that the administration
of the estate has been completed in accordance with the
terms of the Will or the law relating to the intestacy and
that the assets remaining in the hands of the personal
representatives are assets in relation to which the
beneficiary could give a direction satisfying Section 15
(10) of the 1975 Act, any reliefs to which the beneficiary
would be entitled are granted to the personal
representatives where the asset is disposed of by them
without being first vested in the beneficiary. It appears,
therefore, that no amendment is necessary, as the position
is substantially as your Society suggests it should be.
European Law
Conference
A Joint Conference Of the Scottish Lawyers' European
Group with the Solicitors' European Group (Northern
Ireland Branch) and the Incorporated Law Society of
Ireland was held on 2nd and 3rd March 1979 in
Edinburgh. The Council of the Incorporated Law Society
of Ireland was represented by Messrs. Robert Flynn,
Frank O'Donnell, Michael O'Mahony and Brian Russell.
Frank O'Donnell also spoke on behalf of participants
from the Republic of Ireland at a dinner in the George
Hotel Edinburgh on Friday 2nd March. Other solicitors
from the Republic who were also present were F. X.
Burke, Rory F. Conway and John Fish.
The purpose of the Conference was that representa-
tives from all three bodies should meet together to con-
sider the effect of the Common Agricultural Policy of the
E.E.C. and to discuss how the practising solicitor can
best equip himself to provide specialist and informal
advice on problems of agriculture, fishing and funding.
Among the several lectures that were delivered perhaps
three stood out. One of these was an excellent lecture
which discussed the case of the Ministry of Fisheries v.
Schonenberg and was delivered by Rory F. Conway. The
other two were lectures entitled "Agriculture and E.E.C.
policy as it affects the practising solicitor" (delivered by J.
H. Bourgeois and "Funding - Aspects of prime relevance
to farmers and business and professional men" (delivered
by Gregg Myles).
In addition, C.C.B.E. Identity cards were presented to
Rory Conway and Michael O'Mahony by John Smith
M.P. at a Reception on 2nd March.
Throughout the whole conference excellent hospitality
was given to all visiting participants and it was
unanimously agreed that efforts should be made to con-
tinue such joint conferences on a yearly basis. It is likely
that a second conference will be held in the Republic some
time early in 1980.
DETECTIVES (PRIVATE) EIRE
International Investigators
Solicitors' Enquiry Agents — Process Servers — Commercial Enquiries
294 Merrion Road, Dublin 4. Tel. (01) 691561. Telex 30493.
16 Wellington Park, Belfast 9. Tel. (0232) 663668. Telex 747958.
LONDON — also BRIGHTON, SUSSEX — NEW YORK. U.S.A.
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