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21 September 2015
Island Contract Management (UK) Ltd v CRC, Upper Tribunal (Tax and Chancery Chamber), 28 August 2015
The taxpayer ICM (UK) was a wholly owned subsidiary of ICM (Isle of Man). The Isle of Man company carried on in business in the UK providing subcontractors but was not registered under the construction industry scheme. It set up ICM (UK) which was registered under the scheme for clients to make payments for subcontractors.
After an enquiry into ICM (UK)’s returns HMRC discovered that the UK company had made substantial payments to the Isle of Man business. They said the sums should have been treated as falling within the construction industry scheme and issued assessments. They also issued a notice cancelling the ICM (UK)’s gross payment status. The First-tier Tribunal dismissed the taxpayer’s appeal so it appealed to the Upper Tribunal.
The Upper Tribunal found that the relationship between ICM (UK) and...
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