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Three Years of Uncertainty Over for Small Businesses

Published December 2005  

 

Family run businesses across Wolverhampton will be breathing a sigh of relief this week according to local accountants and business advisers AGS, following the latest development in a landmark tax case.

Wolverhampton based AGS has welcomed the news that Arctic Systems has won its tax case against HM Revenue and Customs, a decision that could allow 'husband-and-wife' businesses to share their tax burdens instead of facing a huge tax bill.

Steve Aston at AGS comments: "When Geoff and Diana Jones of Arctic Systems originally lost their Section 660A appeal local business men and women feared they could face huge tax bills. The news that their appeal has been won is therefore very welcome.


"There are still a number of uncertainties regarding cases of this nature, for example how the rules relate to partnerships, or if the spouse in question did not actually contribute to the business at all. However this news is a step in the right direction and we’re confident further clarifications will be made public in due course."

The Court of Appeal found in favour of Arctic Systems in their appeal against the previous High Court's ruling in favour of HM Revenue & Customs' interpretation of the s660a settlements legislation. The court ruled that the dividends paid to Mrs Jones were not classed as settlements, as HMRC had claimed.

The case dates back to April 2003 when Arctic Systems, a computer business run by Geoff and Diana Jones, was picked out by the Revenue which claimed the husband and wife team owed £42,000 in tax dating back over six years.

The Section 660A appeal, revolved around the tax regulators' objection to the way Geoff and Diana Jones, of Arctic Systems, used their salaries and dividend payments to reduce their joint tax bill.

For more information contact AGS on 01902 717 175.

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AGS Accountants & Business Advisors Limited
Company Number: 5155857, Place of Reg: England & Wales
Registered Office: Unit 1, Castle Court 2, Castle Gate Way, Dudley, West Midlands, DY1 4RH
Tel: +44 (0) 1384 217222, Fax: +44 (0) 1384 217223, Email: accountants@ags.gb.com

Directors: S.W. Aston FCCA   P. Squire FCA    L. A. Williams FCCA

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