One Rule For Them…

…and another for you.

This is long standing and is common in other tax systems too (at least, amongst those that I’ve had to deal with). If you bugger up and pay too much tax you’ve only got a year to claim it back. If you pay too little then they can come back for seven years or more to demand it.

Angus Monro, the former boss of Matalan, the discount retailer, is unable to claim back £846,000 that he overpaid the taxman.

High
Court Chancellor Sir Andrew Morritt said that he had "considerable
sympathy" for Mr Monro, but added that, as the law stood, he had no
hope of reclaiming the money because the time limit to amend payments
was one year.

Speaking after the ruling, Mr
Monro said: "I am sure, if this were the other way round, they would
have been all over me like a rash.

Isn’t that lovely and fair?

In

4 responses

  1. geneberman Avatar
    geneberman

    I can’t believe you’ve just now fallen off the turnip truck.
    “They” can do many things that you and I can’t. And they frequently do things that those with an even ordinary sense of morality (or honor) wouldn’t be able to stomach.
    But, at least you can derive a certain modicum of satisfaction from the fact that you’re not one of “them”; that, itself, should be worth something.

  2. Geneberman,
    I’m sure it is indeed worth something, just not £846k.
    🙂

  3. Mark Wadsworth Avatar
    Mark Wadsworth

    This is almost certainly a Mansworth v Jelley type claim. For decades the tax profession had applied a commonsense interpretation to the legislation on employee share schemes. A cunning taxpayer won a case on the basis that a literal reading gives a far lower tax bill. The law was then revised to say what we had always believed it said.
    This all happened back in 2000 or 2001 I think. There was a widely publicised cut off date for making back claims (I submitted a couple myself) and if this chap comes along five years later, he has my every sympathy but really he should be suing his accountant.

  4. geneberman Avatar
    geneberman

    Mark:
    Except for what are called “figures of speech,” “words mean stuff” (–Rush Limbaugh). I can appreciate, that in the case of an error in drafting of the law, a “commonsense” interpretation might be able to better express both intent and particulars but, in the absence of a mistake, cannot fathom how “commonsense” might depart from “literal.” An example, perhaps?
    It was a mistake that, in drafting a law regarding agricultural imports, a series of dutiable items included “fruit, trees” in the series. By mistake, the comma between the two was transformed to a hyphen, with the result that both fruit and trees were exempted (except for fruit-trees). The Treasury lost some revenue until the error was caught and amended (over which I’d not lose any sleep, being–like all of us here, huh,–a free-market man). I read of this more than 60 years ago–probably in something by Mark Twain.
    And I’m certain it was Twain that told the story of Moses Prendergast, an illiterate
    ex-slave living in Missouri. He bid on a contract to carry the mail on a rural route requiring not only a mail carrier but a mule (and Moses had one of those).
    He bid $400 a year on the 5-year (with option for another 5 and for pro-rated increase of the route distance of 50%).
    Somehow, the $400 was read as $4 and Moses was intimidated by threats of prison into accepting and performing (at $400, his bid would have also been successful). After he started, the government exercised both options, with the result that he served the 50%-enlarged route for 10 years at $6 per year. If I recall, his descendants were able to wrest some satisfaction from Congress through a “special bill.”

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