Geoff Jones of Arctic Systems has won his landmark Section 660A appeal. The case, supported by the Professional Contractors Group (PCG), was heard in the Vice Chancellor's court, by the Chancellor of the High Court, Sir Andrew Morritt, with Lord Justices Keene and Carnwath in November.
Welcoming the judgment, PCG chairman Simon Juden, said, This is the best Christmas present for the UKs 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.
Jones, who was at the Royal Courts of Justice with his wife Diana, said, This is the end of three years of uncertainty for us at one point we thought wed lose our home. Its been extremely stressful and weve been made to feel like criminals, just for running our own business. Whats more, by organising our affairs in this way, we were simply following government advice and that of our accountants.
Dr Juden said, 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.
PCG will continue to campaign for clarity, consistency and common sense in regulation and legislation. Wed like to thank all of those who generously supported this case - James Kessler QC, PCG members, Berg Kaprow Lewis, the Federation of Small Businesses, JSA and members of the public.
Editors note (Feb 2012):
The original settlements legislation dates back to the 1930s and was subsequently updated first in 1988, when it became the more familiar Section 660. It was changed again in 2005 when it was updated and rewritten into its current form as Section 624 of the Income Tax (Trading and Other Income) Act (ITTOIA) 2005. See more information on the current settlements legislation.