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13 September 2007 / Tim Crosley , Michael Walsh
Issue: 7288 / Categories: Features , Tax
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Bad pennies

Tim Crosley and Michael Walsh analyse the implications of HMRC’s defeat in Sempra

“Legal rules which are not soundly based resemble proverbial bad pennies: they turn up again and again.” The bad penny to which Lord Nicholls was referring was the “negative attitude of English law to awards of compound interest on claims for debts paid late” in Sempra Metals Ltd v IRC [2007] UKHL 34, [2007] All ER (D) 294 (Jul). In a complex and lengthy judgment where all five law lords had their say, the majority refused the appeal of HM Revenue & Customs (HMRC). The origins of the claim lie in the unlawful levying of advance corporation tax (ACT) by the UK government, but the decision is undoubtably of more general significance.

BACKGROUND

The UK required UK companies paying a dividend to pay ACT to HMRC from 1973 until its abolition in 1999. As the name suggests, ACT was an advance payment of corporation tax. ACT paid could be set off against the UK company’s normal liability to pay corporation tax (mainstream corporation tax (MCT)). The result of paying ACT

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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