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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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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