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Reasonable understanding

15 September 2011
Issue: 4323 / Categories: Tax cases , Business , Income Tax
Croftport Ltd (TC1272)

The taxpayer Croftport Ltd was a well-established property developer with two directors and one employee. When carrying out a development it would engage up to 12 subcontractors.

On a particular project the company employed T&S which told the director of Croftport that it had gross payment status under the construction industry scheme (CIS). The subcontractor produced evidence of its status and Croftport’s payments to the firm were made without deduction of tax.

HMRC opened an enquiry because they had no record of T&S having gross payment status. The department told Croftport it should have deducted tax from the payments to the subcontractor and imposed a penalty for failure to do so.

The company appealed.

The First-tier Tribunal accepted the Croftport director had seen what he believed to be evidence that T&S had gross...

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