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06 September 2007 / Peter Vaines
Issue: 7287 / Categories: Features , Tax
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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

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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