Andrew Goldstone and Nicola Simmons (Mishcon de Reya) review recent developments in the private client world.
West: liquidated employer’s PAYE liability transferred to employee
In HMRC v S West [2018] UKUT 100 (TCC) the Upper Tribunal (UT) allowed HMRC’s appeal to transfer an employer’s PAYE liability to an employee.
Mr West was an employee the sole director and shareholder of Astral Telecom Limited. He received a salary in 2011 that was designed to extinguish his outstanding director’s loan account before the company entered voluntary liquidation. Mr West signed the company’s liquidation accounts and his own personal tax returns each of which made reference to the liabilities for PAYE and NICs. Following its liquidation the company was unable to pay its outstanding PAYE and NICs liabilities for 2011/12 and some earlier tax years.
HMRC sought to transfer the company’s liabilities to Mr West on...
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Andrew Goldstone and Nicola Simmons (Mishcon de Reya) review recent developments in the private client world.
West: liquidated employer’s PAYE liability transferred to employee
In HMRC v S West [2018] UKUT 100 (TCC) the Upper Tribunal (UT) allowed HMRC’s appeal to transfer an employer’s PAYE liability to an employee.
Mr West was an employee the sole director and shareholder of Astral Telecom Limited. He received a salary in 2011 that was designed to extinguish his outstanding director’s loan account before the company entered voluntary liquidation. Mr West signed the company’s liquidation accounts and his own personal tax returns each of which made reference to the liabilities for PAYE and NICs. Following its liquidation the company was unable to pay its outstanding PAYE and NICs liabilities for 2011/12 and some earlier tax years.
HMRC sought to transfer the company’s liabilities to Mr West on...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
