The Repeal of Mineral Royalties Relief – Stephens Scown Lawyers …

Posted on 19th May 2012 in goodish

Mineral royalties relief was introduced in the 1970?s (when rates for income and corporation taxes were high) as an incentive to encourage mineral owners make minerals available for commercial exploitation. ?Mineral royalties were treated as having both an income and a capital element. ?The Government?s view is that, as tax rates are considerably lower than those when the relief was implemented, it is no longer needed.

The 2012 Finance Bill includes legislation to repeal the relief which allows 50% of mineral royalties received to be treated in the same way as a capital gain. More specifically, the provisions relating to tax relief for mines and minerals contained the Income Tax (Trading and Other Income) Act 2005, the Corporation Tax Act 2009 and the Taxation of Chargeable Gains Act 1992 are to be repealed.

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This relief allowed for half of eligible mineral royalties to be taxed at the generally lower rate on gains, leaving the remaining 50% subject to income or corporation tax. The relief is to be withdrawn in respect of the royalties received on or after 1 April 2013 for businesses subject to corporation tax and 6 April 2013 for businesses subject to income tax. After these operative dates, mineral royalties will be fully liable to corporation or income tax. This includes royalties received in respect of existing mineral leases and agreements.

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Landowners who receive mineral royalties can currently claim relief for the loss of value to the land in question. The losses are crystallised at the time the agreement or lease ends. The loss can either be relieved in the year the lease or agreement ends or carried back for up to 15 years and set off against any chargeable gains. The relief (in respect of this ?loss? element) will continue to be available to landowners with pre-April 2013 agreements. However, the lease or agreement must have been entered into before the operative dates.

This move is in line with the Government?s announcement in last year?s budget that it would repeal seven of the reliefs available under the Finance Act 2011 and that it would abolish a further 36 reliefs in the Finance Bill 2012. The main objective behind the various abolitions was to simplify the tax system. The Government aims to remove those reliefs which are deemed either no longer necessary, or have not achieved their policy justification.

The measure will apply to individuals and all sizes of business, although the Government estimates that the measure will affect less than 800 individuals or households but it is difficult to assess the impact on companies, as the precise numbers on the take up of the relief is unknown, however it is thought that approximately 700 mineral quarries are currently leased.

For more information visit the HM Revenue & Custom?s website: http://www.hmrc.gov.uk/tiin/tiin850.pdf

Disclaimer: The above is for information purposes only and should not be considered tax advice.? Stephens Scown LLP does not offer tax advice and if you have any queries or concerns you should contact your tax advisor or HM Revenue & Customs direct.

Philip joined the firm in 1997 as a trainee solicitor and qualified in 2000, becoming part of the commercial property team in his final training seat. Philip has three specialist practice areas, dealing with commercial landlord and tenant matters, strategic land development options and all aspects of the Licensing Act 2003. He became a partner of the firm in 2007.

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Postal service to close or consolidate 140 sites

Posted on 19th May 2012 in goodish

By Reuters

WASHINGTON – The U.S. Postal Service will move ahead with a plan to shut or consolidate mail-processing facilities as part of its cost-cutting effort but will spread out the closings to maintain overnight delivery of local mail.

The agency said on Thursday it would consolidate processing at 140 of its 461 facilities by February 2013 and shrink the area where customers can expect mail to be delivered the next day.

A second round of closings, which would begin in February 2014, would involve consolidating an additional 89 processing sites, USPS Chief Operating Officer Megan Brennan said.

The agency previously had said it would close or consolidate about 220 processing sites and eliminate next-day delivery to reduce overnight work.

“This two-phased approach essentially stretches our time-frame to implement the consolidation. It does so in a way that gives our customers and employees the time to plan and adapt to the changes we are making,” Brennan said.

“To be efficient and profitable, we have to aggressively reduce capacity ahead of volume declines,” she said.

The Postal Service, which does not rely on taxpayer funding, has been losing billions each year as rising Internet use erodes mail volumes and annual payments drain its cash. Postmaster General Patrick Donahoe has said the agency needs to reduce annual costs by $20 billion by 2015 to be profitable.

The mail agency has asked lawmakers to allow it to end Saturday mail delivery, tap into a surplus in a retirement account and other changes. The U.S. Senate passed a postal bill, but the House of Representatives has not yet voted on its plan.

USPS officials say mail volumes are too low to justify the current number of postal facilities. The agency last fall proposed to close hundreds of mail processing sites and more than 3,500 money-losing post offices to reign in costs.

After pressure from lawmakers, businesses and customers, the USPS last week scrapped its plans to close post offices, instead announcing it would reduce hours at 13,000 small offices.

The processing consolidations will begin this summer and are expected to save about $2.1 billion per year when fully implemented in late 2014, USPS said.

About 80 percent of the savings would come from reducing the workforce by 28,000 employees during that time, and the rest would come from cutting transportation and facilities costs. Brennan said some 5,000 postal employees will be notified of coming consolidations next week.

No facilities will be closed from September to December 2012 to avoid mail delays leading up to the November 6 election and during the high-volume holiday season, the USPS said.

The plan would maintain next-day delivery for most local mail through 2013, Donahoe told reporters.

For instance, mail sent from Washington, D.C., to Gaithersburg, Md., would still be delivered the next day. But mail sent to Baltimore, Md., would now take two days, Donahoe said. The delivery times would likely change again once the plan is fully in place in late 2014.

“We’re modifying our overnight delivery area, but customers who mail in a local service area will continue to retain that overnight service,” Brennan said.

Businesses that rely on the mail, such as magazines and advertising mailers, have protested delivery changes they say could cost them money and customers.

Lawmakers also criticized the proposed closings, which would eliminate middle-class jobs in their states. A bill passed by the Senate last month would have restricted the number of processing facilities the agency could close for three years.

The Postal Service also said in a statement that it was working with its unions on an employee retirement incentive aimed at further reducing the size of its workforce.

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Delayed HTC EVO 4G LTE Might Finally Get Here May 23 [Smartphones]

Posted on 18th May 2012 in goodish

HTC’s One X and EVO 4G LTE are both held up in customs right now. Patent trouble. But according to updates folks who preordered the Sprint phone, the EVO 4G LTE has a tentative date of May 23. More »


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Judge Mental: Saving justice from the unreliable mind

Posted on 17th May 2012 in goodish

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‘Close Encounters’ With Gas Well Pollution

Posted on 16th May 2012 in goodish

Living in the middle of a natural gas boom can be pretty unsettling. The area around the town of Silt, Colo., used to be the kind of sleepy rural place where the tweet of birds was the most you would hear. Now it’s hard to make out the birds because of the rumbling of natural gas drilling rigs.

The land here is steep cliffs and valleys. But bare splotches of earth called well pads are all over the place.

Explore key components of the natural gas production process ? and the questions scientists are asking.

“That’s the one I’m worried about because it just went in,” says Tim Ray.

We’re on his front porch just after sunset. You can see the lights of drill rigs all around his small house.

“There’s actually one up here over the hill that they just put in.” He points in another direction: “There’s three or four of them up there.”

The rigs are lit up like Christmas trees and puffing different colors of smoke. People in Ray’s neighborhood feel like the rigs are so close, they call them “Close Encounters.”

Companies can drill 20 wells or more at a single site. They come back again and again over the course of years. Each time, there’s an onslaught of strange smells. People living near the wells complain about itchy eyes, scratchy throats and getting sick to their stomachs. “I worry about my health. I worry about my kids’ health,” Ray says.

What’s In Those Fumes?

But the truth is, Ray and his other neighbors are guessing. They know almost nothing about what’s happening on the well pads around them. They just wonder: What’s in those fumes that blow into their yard? What’s in that smell?

“Nobody has told us anything about the quality of our air, as far as what we’re smelling or anything,” Ray says. “I would feel better if I knew that the gases weren’t bad.”

People are asking these same questions wherever natural gas is being drilled around the United States.

Nearly a decade ago, Garfield County in Colorado started trying to tackle that question, and was chugging ahead of the whole country in pursuit of scientific truth. Local politician Tresi Houpt was the engine pushing that effort.

It pains her that people are still asking the questions that revved her up when she first learned about her county’s gas boom while campaigning to be county commissioner.

“There’s a great frustration,” she says. “I’m hearing the same stories that I heard nine years ago.”

Houpt is a Sally Field type, with bangs and all. She speaks softly and deliberately, and wears pressed Carhartt work pants and cowboy boots.

As she started to campaign to be a Garfield County commissioner, she came down from her home on a ski mountain to meet people in ranches, rural neighborhoods with the big blue skies and clear starry nights. She couldn’t believe what she saw: drill rigs right outside homes, armadas of diesel-spewing trucks, fumes wafting from equipment called compressors and condensate tanks.

“In Colorado, you can have a drill rig 150 feet from homes. The original thought was if the rig falls, it won’t hit the house,” she says. She didn’t want their rural refuge to be sacrificed to produce energy for the rest of the country.

In Search Of Answers

The current drilling boom started in Colorado around 2000. Just like in Texas, Utah and Pennsylvania, an engineering technique called hydraulic fracturing allowed drillers to tap into rock and unlock previously inaccessible reservoirs of natural gas.

Gas companies drill a well, and then deep below the surface, they perforate the rock with explosives. Next they send a high-pressure mix of sand, water and chemicals down the well shaft to widen up fractures created by the explosives to release the gas in the rock. In Colorado, drillers frack both sandstone and shale.

In 2002, Houpt won her election. And one of the first things she wanted to know was: Did scientists have any answers for what was in the air near wells?

She was shocked to learn that there were no good studies. Not local ones, state ones or studies from the Environmental Protection Agency. Not about Western Colorado gas fields or any others in the United States. The industry wasn’t required to measure or report its emissions.

She learned that her county didn’t even monitor its air quality, and she set about making it a priority for her county to study its air.

As only one of three commissioners in charge of running the county, Houpt had her work cut out for her. She remembers that other commissioners didn’t want to upset an industry that was bringing a lot of jobs and a lot of money to Garfield County.

The same concern was raised when she was on a state panel setting regulations for drilling companies.

“The conversation was always a question about how far we should push the oil and gas industry. It was a question at the county level. It was a question when I was on the oil and gas commission, and we were rewriting the rules,” Houpt recalls.

But Houpt and the other commissioners agreed to start spending some of the county’s gas royalties to try to get answers. They brought in Jim Rada to create an environmental health office.

Rada was a public health specialist, but he had been working in ski country, where the big public health issues were whether the food in restaurants was safe to eat. “When I got here in 2005, I was definitely flying blind ’cause I didn’t even know about the oil and gas industry,” Rada says.

First, Collect The Data

He learned fast. Today, while he gives us a tour of gas infrastructure around Garfield County, he can’t help using industry jargon.

“There are pipelines, there are storage yards, compressor stations, gas plants,” he says, as we drive along in his hybrid SUV past thousands of sources of air pollution.

Diesel exhaust spews from trucks and drilling rigs. Methane, chemicals that make ozone, and fumes that contain cancer-causing benzene leak from wells and storage tanks.

The industry and regulators estimate how pollutants are being emitted, but no one actually samples the air to directly measure the emissions.

These pollution sources are spread out over a huge geographic area, and many of them move around, which adds to the challenge of trying to assess the pollution. “It’s like a moving target. The problem jumps from location to location,” bemoans Houpt.

Weather patterns affect how long the pollution stays in the air and at what concentrations. Rada figured it would be impossible to track all this pollution, so back in 2005, he set up monitors in towns where most of the people lived.

During our visit, he set up a ladder so we could climb to the top of a building in Rifle, his county’s biggest town.

Gadgets on the roof monitor soot, smog and volatile organic compounds, known as VOCs. Years of data from these and other monitors around the county have shown that the industry is putting a lot more chemicals into the air that create smog. But levels of smog and other air pollutants still meet EPA health standards.

But Rada still wanted to know what’s in the air breathed by people with front-row seats to the drilling.

So in 2008, he got permission from companies to put air sampling canisters around eight wells that were being drilled. Then, for 24 hours, those canisters captured the chemicals that were coming off the wells.

Now, that seems obvious enough, but nobody else in the country had sampled air that close to wells.

“We were pretty much breaking ground and trying to do the science that needed to be done in order to answer some of these questions,” Rada says.

He found very large amounts of chemicals. Some of them, like benzene, can cause cancer. Others, like xylenes, can irritate eyes and lungs.

Rada’s air monitoring work was rare enough that it was getting attention at some higher levels. The Centers for Disease Control and Prevention and Colorado’s state public health agency were analyzing his data for answers.

But they didn’t really find any. For instance, Rada’s eight-well test was just a pilot study. He didn’t test the air long enough or at enough places to know how much chemicals people were really being exposed to.

At that point, Rada says the job got too big for him.

“To get to the bottom line and answer that big nagging question of what is this air quality doing to the health of the community ? that takes a whole lot more resources than a single county can devote to this,” Rada says.

This was 2009. Nearly 3,000 wells had gone in the year before. The county needed help. And its next move turned out to have some pretty painful consequences.

Trying To Connect The Dots

The county moved beyond looking at what was in the air to whether or not the industry was making people sick.

Rada called in the Colorado School of Public Health to examine whether lots of new drilling within a neighborhood might hurt people’s health. To make their conclusions, the researchers were supposed to use existing studies, such as the county’s monitoring data, and whatever other science they could find.

A draft assessment by the school predicted small increases in risks of cancer, headaches and lung ailments.

“We’ve done the only study, essentially, that’s looked at the health impacts,” says John Adgate, who chairs the Colorado School of Public Health. “One of the issues here is that everyone has to agree on what the rules are, i.e., they have to agree to cooperate.”

But instead, everyone agrees, politics took over.

People who live near gas wells held up the researchers’ work to attack the industry in lawsuits and in the media. And gas companies fought back.

“Both sides were fighting,” recalls John Martin, a longtime county commissioner. “They wanted to use this document in both arguments ? that it didn’t hurt anything and that it killed everyone.”

David Ludlam, executive director of the regional industry trade, West Slope Colorado Oil and Gas Association, had frequent conversations with the county commissioners. Ludlam said the researchers were jumping to conclusions by making predictions about health with such a small pool of data.

“The pen you use to create the dotted lines has to have integrity, and we didn’t feel that the data that was used did,” Ludlam says. “They used what we believe was questionable data, at best. You can’t make assumptions about health impacts if you don’t have the data to support it.”

Adgate stood by his group’s work, which has received positive reviews from public health experts around the country.

But Garfield County commissioners felt the situation was getting out of control. Martin says it became a political football for opponents and supporters of drilling. “We said enough is enough, people.”

A Polarizing Question

In May of last year, the commissioners gathered for a meeting and voted to end a contract with the Colorado School of Public Health. Tresi Houpt, who had lost her re-election and wasn’t part of the vote, saw her years of work unraveling.

“I was stunned,” she said. “I was absolutely stunned.” All that momentum the county had built up came to a screeching halt. The Colorado School of Public Health and the county tried two more times to fill research gaps, but both of those efforts failed.

And the regional industry group wasn’t interested in continuing to work with the Colorado School of Public Health.

“I sent an e-mail indicating that our operators and our organization would be uncomfortable moving forward working with the Colorado School of Public Health,” Ludlam recalls, “because things had become so polarized, we didn’t think there was a pathway forward.”

That was last summer.

Ludlam says the industry is working on a new air pollution study, but with a different research group, Colorado State University’s Department of Atmospheric Science. The study will look only at air quality ? it won’t delve into health. Results are expected in three years.

So, 10 years have passed since Houpt first drove around her county, hearing complaints about air pollution and the gas industry. And Garfield County’s 800 gas wells have grown to more than 8,000. People who live near wells ? whether they’re in Texas, Pennsylvania or Utah ? still don’t know what they’re breathing.

Houpt believes Garfield County’s saga shows how politics, industry pressure, technical challenges and the slow pace of science have blocked the search for answers ? not just for her community, but for the whole country.

Before we leave Western Colorado, Houpt wants to show us her new focus. We visit her pretty log house on a ski mountain.

She’s now trying to stop a gas company from renewing leases to drill on the wooded slope behind her house. Otherwise, she says, “we’ll have trucks running up and down this mountain, disturbance on this mountain for 30 years. It’s very painful to see.”

And all those answers Houpt has been searching for about air quality, she may now need for her own family.

The audio version of this story was produced by Rebecca Davis.

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The Navy Had a Hoverboard Waaaay Before Marty McFly [Video]

Posted on 16th May 2012 in goodish

If you think Back To the Future 2 was the first time the world was introduced to the concept of hoverboards, think again. As far back as 1955 the U.S. Navy was demonstrating its own hoverboard concept, but unfortunately it wasn’t as slick as Hollywood had envisioned them to be. More »


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My Health Blog Online ? Blog Archive ? What Are Development …

Posted on 15th May 2012 in goodish

If you or someone you love suffers from a lifelong physical or mental disability that makes it difficult to function normally in society, then it is classified as a development disability. You may have one of the usual problems that people with such disabilities face: you may find it difficult to be self-sufficient and live independently, you may have problems communicating and moving, you may find it difficult to learn new things, and you may be unable to take care of yourself.

In the past people with such difficulties were institutionalized as there was no proper support system in place to make them a part of society. However, there have been many laws in the US that have been trying to ensure that people with developmental disabilities are included into the community and are taught ways to take care of themselves.

What is a developmental disability?

Such a disability is not a temporary delay in development caused due to childhood trauma or some other event.

Permanent syndromes such as Down syndrome, many genetic disorders, mental retardation, cerebral palsy and autism are included in the list of such disabilities. They may be of varying intensities. People with mild disabilities may be able to live on their own, while those with severe cases need lifelong care.

Causes of Developmental Disabilities

Though no definitive cause has been discovered for these disabilities yet, there are some environmental and social conditions that result in the growth of these disabilities. These may include:
* Congenital brain injury or infection
* Nutrition problems before, during or after birth
* Genetic or chromosomal abnormalities
* Lack of health care for the mother
* Drug abuse, excessive intake of alcohol and too much smoking by the pregnant mother
* Child abuse that may result in brain injury and cause difficulties in learning and emotional development
* Autism-related disorder

Support systems that can help the disabled

There are a number of therapies that can help a disabled individual become a part of the community. These include:
* Occupational therapy: experts work with individuals to enhance motor skills and help in other aspects of daily living.
* Speech therapy: Therapists work with picture books and other strategies to improve the communication ability of the patients.
* Nurses can be hired to be available all the time to monitor the individuals and administer medication.
* Fitness and exercise is necessary for the overall well-being of the individual.
* Health and nutrition is also monitored under the care of nutritionists.
* Social skill groups involving crafts, games and dancing can help the individuals feel a part of the community.

It is important to put much thought into the care of those with development disabilities. Dartmouth MA has a number of care centers to help the disabled feel like a part of the community. It is important to help them build their self-esteem and confidence so that they can start depending more and more on themselves and live the life that they deserve as well as anybody else.

Development disabilities Dartmouth, MA ? If you are seeking help in dealing with development disabilities, Dartmouth, MA is the home of Better Community Living, Inc. where sensitive and individual care is provided to take the disabled towards recovery and self-determination.

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In Ohio, gay marriage debate may change few votes but inspires some, annoys others (Star Tribune)

Posted on 14th May 2012 in goodish
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I May Be Mormon, But This Obama Guy … (talking-points-memo)

Posted on 13th May 2012 in goodish
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Leica M Monochrom Only Shoots in Black and White and That’s Awesome [Cameras]

Posted on 12th May 2012 in goodish

Leica’s Latest addition to the M series of cameras is a bit different from the ones which came before it: the M Monochrom only shoots pictures in black and white. The $8000 full-frame camera is fully intended for enthusiasts and/or those with a bottomless bank account, and aims to explore the benefits of having a dedicated monochrome sensor (merely removing the color from a photo after the fact is hardly the same). More »


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