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15 July 2016 / Peter Vaines
Issue: 7707 / Categories: Features , Tax , Commercial
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Taxing matters

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Peter Vaines delves into some most interesting tax issues

  • Entrepreneurs relief.
  • New DOTAS hallmark.
  • Restricted securities
  • Careless conduct.

The recent case of Mr and Mrs McQuillan v HMRC TC 5074 gives rise to a most interesting issue (actually, if anybody else finds this interesting, they should buy an anorak and come on holiday with me).

The taxpayers each held 33 ordinary shares of £1 each in a trading company. Other shareholders had 30,000 non-voting shares which had no rights to dividends.

The question was whether these 30,000 non-voting shares were “ordinary shares” for the purposes of entrepreneurs’ relief because if they were, the taxpayers obviously did not have the necessary five per cent of the ordinary share capital enabling them to qualify for the relief.

Section 989 of the Income Tax Act 2007 provides the definition of ordinary share capital as follows: “All the company’s issued share capital (however described) other than capital the holders of which have a right to a dividend at a fixed rate

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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