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Arctic Systems: the final chapter

Category Technical Articles
AuthorTechnical Department
Article by Michael Hunter, associate, Pinsent Masons. This article appeared in the February 2006 issue of Tax Adviser.
After successive judgments in favour of HMRC before the Special Commissioners and then before the High Court, the taxpayer in Jones v Garnett has finally succeeded before the Court of Appeal Jones v Garnett had effectively assumed the status of a test case after HMRC recently sought to extend the practical application of the settlements legislation to, in particular, personal service companies established as husband/wife enterprises. This provoked strong reactions among tax professionals and in the press. The taxpayer was unsuccessful before both the Special Commissioners and the High Court, but the Court of Appeal ruled in the taxpayer's favour. This decision is very helpful but does not comprehensively answer all questions. Alsi, we do not know at the time of writing whether the matter will go to the House of Lords.

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