header-logo header-logo

The tax man can do no wrong

04 January 2007 / Glyn Maddocks
Issue: 7254 / Categories: Features , Tax
printer mail-detail

No matter how strong a negligence and maladministration claim against HMRC, it will almost certainly fail as a matter of principle. Glyn Maddocks explains

A recent ruling in the Chancery Division has far reaching implications for tax payers. Andrew Simmonds QC, sitting as deputy judge, held that although HM Revenue & Customs (HMRC) was in breach of the Income and Corporation Taxes Act 1988 (ICTA 1988) this did not give rise to a cause of action for damages; nor did HMRC owe a common law duty of care to tax payers.

Background

Neil Martin is a small-time building subcontractor based in Cumbria. In early 1999, he formed a company Neil Martin Ltd, with the intention of transferring his sole trader business to that company.

In the construction industry subcontractors are subject to a statutory tax deduction scheme. A new scheme was due to start on 1 August 1999. Both the old and new schemes are governed by ICTA 1988, Pt XIII, Ch IV, ss 559 to 567. A subcontractor must produce a certificate from HMRC to be paid gross. The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

back-to-top-scroll