header-logo header-logo

06 September 2007 / Peter Vaines
Issue: 7287 / Categories: Features , Tax
printer mail-detail

Taxing matters

ARCTIC SYSTEMS >>
CLARITY ON UK TAX LIABILITY FOR NON UK RESIDENTS >>
RECTIFICATION FOR TRUSTEES >>

ARCTIC SYSTEMS—THE FINAL SOLUTION

The House of Lords has now delivered judgment in Arctic Systems—otherwise known as Jones v Garnett (Inspector of Taxes) [2007] UKHL 35, [2007] All ER (D) 390 (Jul) and it makes interesting reading.
Mr and Mrs Jones each had one share in a company which provided computer consultancy services. Mr Jones did all the work with the clients; Mrs Jones did all the back room admin work; they took small salaries and had large dividends thereby minimising their liability to tax and national insurance contributions. HM Revenue & Customs (HMRC) said that it was not a commercial arrangement for Mr and Mrs Jones to hold one share each and to pay dividends in this way—it was an arrangement conferring bounty on Mrs Jones and therefore a settlement within the Income and Corporation Taxes Act 1988, s 660A (now the Income Tax (Trading and Other Income) Act (ITTOIA 2005), s 624) so that the whole of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll