The contractor had not met its liabilities to pay PAYE. The general commissioners had nevertheless granted a construction industry certificate under sections 561 and 565, having found an informal agreement to allow late payments.
Held: No tax was now outstanding. The taxpayer had a turnover of andpound;5 million a year, but would be bankrupt without the certificate. The infringements could be regarded as minor and technical. That conclusion was not so far wide of the mark as to justify interference.
Judges:
Hart J
Citations:
Times 20-Sep-2005, [2005] EWHC 1558 (Ch)
Statutes:
Income and Corporation Taxes Act 1988 561 565
Jurisdiction:
England and Wales
Citing:
Cited – Edwards (Inspector of Taxes) v Bairstow HL 25-Jul-1955
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’.
Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only . .
Lists of cited by and citing cases may be incomplete.
Income Tax, Construction
Updated: 27 June 2022; Ref: scu.230100