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04 April 2012 / Peter Vaines
Issue: 7509 / Categories: Features , Tax
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Taxing times

Peter Vaines rounds up the latest developments in the world of tax

Previously I made reference to the case of HMRC v P A Holdings Limited (see 160 NLJ 7398 & 7399, p 22) and I make no apology in returning to this really important matter, having regard to the recent Court of Appeal judgment ([2011] EWCA CIV 1414).

HMRC v P A Holdings Ltd

The facts were quite complicated, but in essence, some employees acquired shares in a company connected with their employer. In principle, the receipt of the shares by the employees would represent taxable earnings.
 
The issue was the tax treatment of the dividends subsequently paid by the company on those shares. HMRC argued that the dividends derived from the employment and should, therefore, be taxed as earnings. 

The First-tier Tribunal found that the dividends were correctly categorised as dividends. They also found that they could be treated as earnings, but that did not stop them being dividends. 

Taxing dividends

So, if they were dividends and
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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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