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MAHESH VARIA considers the decision concerning PAYE liabilities in the McCarthy v McCarthy & Stone case and its implications.
THE RECENT DECISION in McCarthy v McCarthy & Stone plc [2006] EWHC 1851 (Ch) will potentially be of interest to many tax practitioners, because it has clarified the law concerning the reimbursement of PAYE income tax and (primary) employee National Insurance contributions ('NICs') from employees.
MAHESH VARIA considers the decision concerning PAYE liabilities in the McCarthy v McCarthy & Stone case and its implications.
THE RECENT DECISION in McCarthy v McCarthy & Stone plc [2006] EWHC 1851 (Ch) will potentially be of interest to many tax practitioners because it has clarified the law concerning the reimbursement of PAYE income tax and (primary) employee National Insurance contributions ('NICs') from employees.
The case concerned the recovery of income tax and employee NICs liabilities paid by McCarthy & Stone plc (the 'company') to HMRC under the PAYE system (the 'PAYE liabilities'). The PAYE liabilities related to a number of share options exercised by Mr McCarthy following the end of his employment. As a consequence of the judgment employers now have a non-statutory restitutionary right to recover PAYE liabilities from employees. However in order to exercise this right employers will need to satisfy a number...
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