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The NLJ Column

14 June 2007 / John Cooper KC
Issue: 7277 / Categories: Opinion , Tax , Commercial
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Taxing times as Law Lords consider Jones v Garnett

The Law Lords could deliver judgment before the end of July in the Arctic Systems case—Jones v Garnett—which could affect up to 340,000 small businesses.

The case concerns whether dividends paid by a company, Arctic Systems Ltd, to a working shareholder, Mrs Jones, consisted of income arising under a settlement as defined by s 660a(1) of the Income and Corporation Taxes Act 1988 (TA 1988) and so should be treated as the income of the company’s director and her husband, Mr Jones.

The couple set up a small IT company where Mr Jones was the sole director, and both spouses paid £1 for one share each in the company. Both took low salaries and received the balance of the company’s profits by dividend, which was split equally between them and which saved them tax. HM Revenue & Customs (HMRC) successfully argued in the High Court that the dividends going to Mrs Jones could be reallocated under settlements legislation to Mr Jones and extra

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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