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Dividends-taxable if not beneficially received?

https://www.accountingweb.co.uk/any-answers/can-you-declare-dividends-and-not-withdraw-them

I see my following bare trust comment from the above old post has been proved correct in the case in the link below:

"I think the answer is that if there is a sufficiently good reason for the final dividend being unpaid, then it won't be income taxable and it does not automatically follow that just because a final dividend is declared it automatically becomes income taxable for the relevant shareholder on the member’s register at the relevant time (that cannot be right anyway re bare trustees and if it was right then a bare trustee could potentially bankrupt (via an automatic tax liability) anyone in the world by doing a declaration of trust for another re shares he owns and simply not paying the dividend on to the beneficiary)."

https://www.accountingweb.co.uk/tax/business-tax/giant-mistake-leaves-ta...

Unlike the case in the link below where the facts were against a trust argument:

http://financeandtax.decisions.tribunals.gov.uk/judgmentfiles/j10092/TC06123.pdf

 

 

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26th Sep 2017 17:20

The case is very interesting for other reasons.

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