“The tax status of preference dividends from a Cayman Islands company to whose shares the taxpayer had subscribed, was determined by the machinery by which they were distributed. Under Cayman law share premium was distributable as dividend, whereas in English tax law share premium was treated in the same way as paid-up share capital. The transaction was not a sale and repurchase of securities such as to constitute a ‘buying back’ within the meaning of sections 737A and 730B of the Income and Corporation Taxes Act 1988.”

WLR Daily, 13th March 2012

Source: www.iclr.co.uk

“Once it was established that payments awarded to employees in the form of shares and dividends were income received from employment the payments were liable to be charged under Schedule E and could not be charged under any other Schedule.”

WLR Daily, 30th November 2011

Source: www.iclr.co.uk

“Legislation of a member state which discriminated against portfolio dividends received by a resident company from a company resident in a non member state party to an EEA Agreement, was contrary to the principle of free movement of capital, where that discrimination was based upon a comprehensive agreement of mutual assistance. It was not contrary to article 63FEU of the FEU Treaty for member states to exempt from corporation tax portfolio dividends which one resident company received from another whilst subjecting portfolio dividends which a resident company received from a non member state company party to an EEA Agreement or from a company resident in another member state, provided that the tax was credited against tax payable in the members state of the recipient company and the administrative burdens were not excessive. National legislation which discriminated against dividends received from non member states on the basis of the shareholding held by the recipient company in the non member state company was not contrary to article 63FEU provided the mechanisms in place to off set the charges to tax led to equivalent results.”

WLR Daily, 18th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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The Guardian, 13th June 2010

Source: www.guardian.co.uk

“The United Kingdom tax authorities had not assumed responsibility for eliminating double taxation on the dividend paid by a UK subsidiary to a parent resident in the Netherlands or Italy in circumstances where the UK had not levied corporation tax on the dividend.”

WLR Daily, 15th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jones v. Garnett (Inspector of Taxes)

House of Lords

“A spouse who used a private company to transfer some of his earned income to the other spouse was not liable to pay tax on that income, provided the other spouse’s shares in the company were ordinary shares which carried a right to more than mere income.”

The Times, 9th August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

“A husband who provided his services to the market via a private company which his wife co-owned, thus distributing his earned income between them both via dividend, was not liable to tax on the income transferred to the wife, pursuant to section 660A of the Income and Corporation Taxes Act 1988, provided the wife’s shares in the company were ordinary shares which carried a right to more than just income.”

WLR Daily, 30th July 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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The Times, 26th July 2007

Source: www.timesonline.co.uk

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The Independent, 26th July 2007

Source: www.independent.co.uk

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The Times, 25th July 2007

Source: www.timesonline.co.uk

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The Times, 6th June 2007

Source: www.timesonline.co.uk

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The Times, 5th June 2007

Source: www.timesonline.co.uk