S222 Charge

S222 Charge

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Interesting to see how the charge is sometimes pursued by HMRC without having any regard to the circumstances that caused it with most common being a share scheme being exercised/vesting for an employee and the corresponding payslip not accurately reflecting it. 

Regardless of the obvious payroll error this charge throws all onus on employees which quite frequently leads to P11Ds being amended at the expense of the employee. 

Quite irked by how these section 222 provisions appear to operate within the letter and "not the spirit" of the law as famously put by HMRC in their own GAAR guidance.

Guess when law seems to tilt to tax payer "spirit" is important but when the same law tilts towards HMRC disregarding the spirit is the obvious choice! Yes of course why not as they have to collect what is legally due and let's not talk about fairness!!!

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