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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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