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Absolute Bond Ltd v HMRC

Application for standover of appeal pending criminal prosecution

In Absolute Bond Ltd v HMRC (TC02280 – 9 October) a company appealed against a VAT assessment and applied for the hearing of its appeal to be stayed because its controlling shareholder had been arrested on suspicion of a conspiracy to cheat the public revenue. The tribunal rejected the application. Judge Clark observed that the shareholder had not yet been charged with any offence and HMRC had not decided whether to take criminal proceedings against him.

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Why it matters: The First-tier Tribunal rejected the company’s application for its appeal to be stood over pending HMRC’s decision on whether to take criminal proceedings against its controlling shareholder.

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