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The NLJ Column

14 June 2007 / John Cooper KC
Issue: 7277 / Categories: Opinion , Tax , Commercial
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Taxing times as Law Lords consider Jones v Garnett

The Law Lords could deliver judgment before the end of July in the Arctic Systems case—Jones v Garnett—which could affect up to 340,000 small businesses.

The case concerns whether dividends paid by a company, Arctic Systems Ltd, to a working shareholder, Mrs Jones, consisted of income arising under a settlement as defined by s 660a(1) of the Income and Corporation Taxes Act 1988 (TA 1988) and so should be treated as the income of the company’s director and her husband, Mr Jones.

The couple set up a small IT company where Mr Jones was the sole director, and both spouses paid £1 for one share each in the company. Both took low salaries and received the balance of the company’s profits by dividend, which was split equally between them and which saved them tax. HM Revenue & Customs (HMRC) successfully argued in the High Court that the dividends going to Mrs Jones could be reallocated under settlements legislation to Mr Jones and extra tax sought upon them. This was overturned in the Court

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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

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NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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