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02 August 2007
Issue: 7284 / Categories: Legal News , Tax , Commercial
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Joy over tax ruling may be short-lived

News

The House of Lords’ landmark ruling in the Arctic Systems tax case may turn out to be a pyrrhic victory for family businesses after the government announced plans to change the law.

In Jones v Garnett (Inspector of Taxes) the law lords rejected an appeal by HM Revenue & Customs (HMRC) to impose tax on a husband- and wife-run IT consultancy retrospectively under the Income and Corporation Taxes Act 1988, s 660A. They ruled that Geoff and Diana Jones would not be taxed for dividends that Mr Jones paid to his wife.

HMRC claimed the pair had avoided tax on earnings by paying themselves a small salary (£7,000 for him and £4,000 for her) from Arctic Systems’ 2000–01 turnover of nearly £100,000. The amount was then split equally, less tax and expenses, in dividends.

In a ministerial statement issued this week, the government says it wants to clamp down on the tax-saving arrangement used by thousands of husband and wife businesses. However, Francesca Lagerberg of the Institute of Chartered Accountants in England and Wales Tax Faculty says: “There is a danger that rushed legislation will result in unworkable legislation, plunging thousands of taxpayers into yet more uncertainty about their tax position.”

Issue: 7284 / Categories: Legal News , Tax , Commercial
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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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