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HMRC Is Not Required To Consider Financial Effect Of Cancelling Gross Payment Registration

By Mark McLaughlin, March 2017
Summary
 
HM Revenue and Customs (HMRC) did not need to take into account the severe financial consequences of cancelling a company’s construction industry scheme (CIS) gross payment registration (under FA 2004, s 66(1)).
 
Background
 
The appellant company’s registration for gross payments under the CIS was, as with other registered taxpayers, subject to ongoing review by HMRC to ensure compliance with the conditions for gross payment registration. HMRC conducted an annual compliance review in May 2011, which the appellant failed due to late payment of PAYE. HMRC noted that this was the appellant’s third failed review, and cancelled its registration for gross payment (under FA 2004, s 66(1)). 
 
The appellant appealed against the cancellation (under s 67), but HMRC refused the appeal. The
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