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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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