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04 January 2007 / Glyn Maddocks
Issue: 7254 / Categories: Features , Tax
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The tax man can do no wrong

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

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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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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