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Whose liability?

22 January 2010
Issue: 4240 / Categories: Tax cases
Michael Burton (TC263)

The taxpayer started work with a new employer in 2001. He did not have his P45 from his former employer and was therefore taxed at the basic rate.

No P46 was completed by him although his new employer’s payroll agent said one had been sent to him.

His tax code remained at BR throughout his employment with the company even though he attempted on one occasion to ensure that higher rate tax was deducted from his pay.

HMRC issued assessments on the taxpayer to collect the outstanding tax. He appealed.

It was argued on behalf of the taxpayer that:

  • it was the employer’s responsibility to deduct PAYE not the employee’s;
  • the employer had failed to carry out its statutory duties imposed by the PAYE regulations; and
  • normally HMRC would have proceeded against the employer but had chosen not to...

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