TaxAdministrationLaw commission moots duty of care on taxman

Law commission moots duty of care on taxman

The Law Commission is considering duty of care provisions to protect taxpayers from taxman who acts wrongfully

The Law
Commission
is considering the need for more redress against public sector
bodies such as HM Revenue & Customs (HMRC) when they act wrongfully, making
compensation more available under judicial review and reforming the tort of
negligence – the area of the law which governs duty of care.

The commission’s paper, which asks: ‘what mechanisms should be available for
citizens to receive redress against public sector bodies?’ is open for comment
to the public until November. It argues that the duty of care between
individuals and public bodies has developed, in ‘a haphazard and complicated
fashion’ and that ‘the current system is plainly unsatisfactory’.

The Professional Contractors Group (PCG) is hoping the commission’s core
recommendations will be carried through and a duty of care be placed on HMRC,
according to Contractor UK.

‘For too long HMRC has been free to trample all over the businesses of
innocent and law-abiding tax payers,’ John Brazier, PCG managing director, said.
‘We are hopeful that this exercise will finally allow them to obtain proper
redress for the harm HMRC inflicts.’

Further reading:

Read the Contractor UK story http://www.contractoruk.com/news/003862.html

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