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O’Kane v Revenue and Customs: FTTTx 17 May 2013

FTTTx INCOME TAX – whether self-assessed tax paid late so as to attract surcharges – subcontractor completing accounts and tax returns on an accruals basis – Contractor not paying for work done until the following tax year – whether CIS deductions made by the Contractor are offset against the subcontractor’s SA tax on his profits from that work – held, the deductions are offset – the Tribunal’s jurisdiction considered – held, not a tribunal of full jurisdiction – whether HMRC behaved unlawfully – no – whether legislation can be read down to allow Tribunal to consider reasonable excuse – yes – whether reasonable excuse – yes – surcharges set aside and appeal allowed

[2013] UKFTT 307 (TC)
Bailii
England and Wales

Income Tax

Updated: 17 November 2021; Ref: scu.513457

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