Arctic Systems has been successful in its attempt to overturn a decision by the UK's
HM Customs and Revenue to charge the company back taxes as a result of its interpretation
of Section 660A settlements legislation.
According to HMRC, Geoff and Diana Jones, owners of a small IT consulting company,
had sought to illegally reduce their tax bill by allocating income and dividends
to the less active partner in the business to take advantage of their tax allowance
and lower tax rate. The company was subsequently landed with a tax bill totalling
£42,000.
However, overturning an earlier ruling by the High Court, a three member Court
of Appeal panel ruled last week that the tax department had pushed its interpretation
of the law too far, and stated that the couple's remuneration arrangements did
not constitute pre-planned tax avoidance.
Mr Jones generated £91,000 in fees in the tax year investigated by the
Inland Revenue, paying himself around £7,000 in salary while his wife
received around £4,000 in salary. The rest, after expenses and corporation
tax had been subtracted, was distributed as a dividend split between himself
and his wife, who owned a half share in the company.
Welcoming the judgment, Simon Juden chairman of the Professional Contractors
Group (PCG) which has supported the couple throughout the case, remarked that
the ruling was "the best Christmas present for the UK’s small family
businesses".
"It means proper recognition for the hundreds of thousands of people who
choose to run their own businesses, share the burdens and the hard work with
their partners, and rightly expect to share the profits of their efforts,"
Dr Juden observed.
"We hope that the Government will scrap the uncertainty, unfairness and
inconsistency of legislation like this, which meant that the goalposts suddenly
moved for thousands of small businesses. We hope this marks the beginning of
a fairer approach to tax on small businesses," he added.
Reflecting on the outcome of the case, a relieved Geoff Jones said that: "This
is the end of three years of uncertainty for us – at one point we thought
we’d lose our home. It’s been extremely stressful and we’ve
been made to feel like criminals, just for running our own business. What’s
more, by organising our affairs in this way, we were simply following government
advice and that of our accountants."
Accountants had feared that as many as 200,000 small firms in the UK faced
higher tax bills if the Revenue had won the case.
HMRC has not been given permission to appeal the ruling to the House of Lords,
although a spokesman revealed in Daily Telegraph report that the department
may petition the Lords to get the case heard or legislation changed.
"If necessary revised guidance will be released shortly to confirm the
position for people filing self assessment returns in January," the spokesman
stated.