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More red tape

20 October 2015 / Howard Royse
Issue: 4523 / Categories: Comment & Analysis
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Is it a win for bureaucracy over business growth in the case of the revocation of gross payment status in the construction industry scheme?

KEY POINTS

  • HMRC annual construction industry scheme compliance test and tolerance levels.
  • In a successful appeal against the revocation of gross payment status the tribunal considered the business effect of loss of status.
  • After a review of the construction industry scheme HMRC appealed and won in the Upper Tribunal.
  • Compelling HMRC to consider the business effect would be an unnecessary constraint.
  • Has non-compliance been so substantial or of such seriousness that gross payment status should be withdrawn?
  • Gross payment status revocation should be used only against those who have seriously neglected their tax obligations.

The findings of the Upper Tribunal (Tax and Chancery Chamber) in a recent successful appeal by HMRC may have a significant effect on how the department operates the construction...

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