000 01827cad a22002055a 4500
001 L139865
008 110516e20070725xxk f w 000 0 eng d
035 _a(Sirsi) u139865
041 0 _aeng
245 0 0 _aJones V Garnett (HMIT)
_h[electronic resource]
260 _c2007
520 _a[2007] UKHL 35, 25 July 2007. The Revenue (G) appealed against a decision that arrangements which the respondent company owner (J) had with his wife had not amounted to a settlement within the meaning of the Income and Corporation Taxes Act s660A(1). J's wife provided administrative support to his computer consultancy company. J was appointed sole director with his wife as secretary. On their accountant's advice, both drew low salaries and distributed the income between them as dividends. G argued that this amounted to a settlement, and that shares in the company given to his wife for the nominal sum of £1 had not been an outright gift within the meaning of the Act. "Held": The Act had defined a settlement quite broadly, and through the introduction of the concept of bounty. Since J's wife had received considerably more worth than her payment of £1 it was unavoidable that there had been a distinct settlement. Once this was accepted it was difficult to avoid the conclusion that a gift had been made. Once this was decided, the definition of an outright gift was no longer helpful. Appeal dismissed.
590 _aKA
650 2 4 _aINCOME AND CORPORATION TAXES ACT 1988
650 2 4 _aJONES V GARNETT (HMIT) (2007)
651 4 _aEngland and Wales
_y1543-
690 _aMANAGEMENT-BUSINESS MANAGEMENT-FINANCIAL MANAGEMENT-BUSINESS TAXATION
856 4 0 _uhttps://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd070725/jones%20-1.htm
_zView the judgement free of charge at www.publications.parliament.uk
942 _n0
999 _c79112
_d79112