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Sticks and Bone

22 April 2008 / Mark Groom
Issue: 4155 / Categories: Comment & Analysis , HMRC powers , Admin , Employees , Income Tax
HMRC recently announced new regulations following the Demibourne case. MARK GROOM explains their impact

KEY POINTS

  • Demibourne — a brief recap
  • Why was set-off not possible?
  • The new 2008 PAYE regulations
  • The conditions that must be satisfied
  • A welcome development

For some time now HMRC have been working with the tax profession businesses and representative bodies to find a solution to the tax collection issues first arising from Demibourne Ltd v HMRC [2005] SSCD 667.

A legislative solution has now been found and new PAYE regulations were laid on 20 March effective from 6 April 2008.

The Demibourne case itself has received much press commentary and I do not intend to cover this again here save for the following brief summary to set the context.

In short following Demibourne's acquisition of Frensham Pond Hotel Mr Bone had continued to be employed by...

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