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Arctic Systems 'relaxed' about challenge

by Alex Hawkes

16 Jan 2006

Arctic Systems, the company at the centre of the landmark tax case over husband-and-wife companies, says it is 'relaxed' about HM Revenue & Customs' bid to appeal the case to the Lords.

HMRC said late on Friday it planned to petition to appeal the Court of Appeal judgment in the case. Although it was refused leave to appeal to the Lords, it can appeal that judgment itself.

'We are feeling very relaxed about things,' Geoff Jones told AccountancyAge.com today.

'As far as we are concerned it is done and dusted. We don't feel that going to the Lords will make one iota of difference [to the judgment].'

Jones said he was 'amazed' that HMRC wanted to take the case further.

The Revenue's decision was greeted with disappointed resignation by tax advisers last week, who think the Revenue should let the matter drop, but understand that having gone this far it would have felt compelled to have done so. The Court of Appeal judgment in favour of the Joneses also surprised some experts.

But Jones said the Court of Appeal case had felt much more positive than the High Court hearing, which HMRC won: 'Everyone felt whatever came out it would be a decision on the issues and we would have a clear result.'

The High Court hearing had not encompassed so many of the issues, said Jones.

He also confirmed to Accountancy Age that the Professional Contractors Group would be funding the appeal, since HMRC insists that it is not a test case and will not put up the cash: 'We are going to go through to the end with this one. If they think they are going to scare us off with money it's not going to happen.'

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