Legal Action

JPMorgan Fleming Claverhouse IT PLC 21 January 2004 LONDON STOCK EXCHANGE ANNOUCEMENT JPMORGAN FLEMING CLAVERHOUSE INVESTMENT TRUST PLC AITC AND JPMORGAN FLEMING CLAVERHOUSE INVESTMENT TRUST INITIATE LEGAL ACTION ON VAT TREATMENT OF MANAGEMENT FEES The Association of Investment Trust Companies (AITC) and JPMorgan Fleming Claverhouse Investment Trust plc have jointly launched a legal test case against HM Customs and Excise to challenge whether VAT should be charged on the management fees of investment trusts. Daniel Godfrey, Director General of the AITC said: 'The Government's continued refusal to grant investment trusts the same VAT exemption as that accorded to unit trusts and OEICs is contrary to the European Union's Sixth VAT Directive. This discrimination costs the shareholders of investment trust companies £30 million a year and is the reason why we have launched this case.' Ron Sandler recognised this discrimination in his Review of Retail Savings and recommended that the Government level the playing field. 'We were very disappointed that, following subsequent consultation, the Government has failed to act. Whilst we would have preferred a political solution, we cannot wait forever whilst our Members and their shareholders suffer from the wrongful application of VAT and the time has now come to challenge this through the legal process.' Robert Walther, Chairman of the JPMorgan Fleming Claverhouse Investment Trust plc said: 'VAT on management fees costs our shareholders in excess of £300,000 a year, a cost the company would not have to bear if it were a unit trust or OEIC. This is undoubtedly unfair and we are working with the AITC to secure an exemption from VAT for the long-term benefit of our shareholders.' The discrimination against investment trusts stems from the way the Government has interpreted European legislation. Under the Sixth VAT Directive 'special investment funds' are entitled to an exemption from the VAT that they would otherwise pay on the costs of outsourcing their management services. The UK Government has interpreted this entitlement in a way that means that unit trusts and OEICs are currently eligible for this exemption, yet despite carrying out essentially the same activities and competing in the same markets, investment trusts do not receive the same tax exemption. Ron Sandler's Review into Retail Savings recommended that this VAT inconsistency for investment trusts should be removed and stated that the VAT treatment of investment trusts, along with other tax distortions, confused consumers and restricted competition. 21st January 2004 For further information please contact: Jonathan Latter J.P. Morgan Fleming Asset Management (UK) Limited - Secretary Telephone: 020 7742 6000 This information is provided by RNS The company news service from the London Stock Exchange
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