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There are dangers in ITEPA 2003, s 222 if the strict time limit is ignored
KEY POINTS
- ITEPA 2003 s 222 imposes a liability if an employee does not make good a tax charge within 90 days.
- With so much talk about fairness in tax is this fair?
- Recent cases indicate that fairness in tax is not two-way.
- In Manning HMRC were given a warning by the tribunal over too “mechanistic” an approach.
- Sensible interpretations of legislation must be found.
What is the worst elephant trap in tax? One of the main contenders is surely ITEPA 2003 s 222 (formerly TA 1988 s 144A).
Section 222 applies where employers are treated as having made a notional payment to an employee and must account for income tax on this under PAYE. If the employee does not “make good” that tax to the...
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