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Giving Wife Shares Follow Up - 2
by davidcee at 07:49 31/05/12 (Ask-Legal-Accounting)
Thanks Laurence Kershaw, you have spotted exactly what my question was and also that nobody answered it.
In fact my query was specifically HOW to give shares to my wife in order to pay her dividends.

We are two retired people. I am not going to form a new company to trade as I am not going to trade any more.

I am not going to wind the company up, as I do not qualify for even the reduced relief which is currently available.

Taking my other income into account, I can pay myself dividends amounting to about £10K pa without getting into higher rate tax issues. I am not going to pay higher rate tax on my dividends.

At that rate, I will NEVER be able to draw all the money out of the company.

Am I not correct that HMRC LOST the Arctic System case?

All the articles etc I have read on various websites giving advice on this issue state that since Arctic Systems it has been quite legal and within the rules for my wife to receive shares unless and until HMG/HMRC introduces new legislation. BUT in order to benefit from the Arctic Systems decision and not fall foul of the income shifting provisions the shares have to be gifted/transferred/issued to my wife in the "correct" way.

My question was, and is, what is that correct way?

Regards
DC
--
davidcee

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