High Court Judgment Set to Cost the Inland Revenue Millions
Justice Collins statement that parking tickets are not fines but 'civil responsibilities' is likely to lead to businesses making claims that such 'responsibilities' are now allowable expenses. As they are no longer considered fines leading tax specialists are of the opinion that this decision is likely to cost the Inland Revenue millions as businesses can now offset these 'responsibilities' against tax paid.
The Inland Revenue site is shown below:
NIM05630 - Class 1 NICs : Expenses and allowances : Car parking fines
"Fines for illegal parking are not allowable business expenses. Any payment which an employer makes towards the cost of fines incurred by an employee, and for which they are liable, should be included in gross pay for Class 1 NICs purposes."
However, Robin Decrittenden could be the unlikely Knight on a White Horse for the Inland Revenue...as his appeal against Judge Collins decision is expected to confirm the Inland Revenue's position...that parking tickets are fines!
BUT ... if that is the case then the Bill of Rights does apply and there can be no fines or forfeitures without conviction...and therefore, decriminalised parking falls!
Once you let the worms out of the can...
Meanwhile, the press and media are still struggling to grasp the enormity of the Bill of Rights challenge and the implications for EVERY fine levied by an administrative body... local authorities for littering, failure to recycle, putting your wheelie bins out on the wrong day, DVLA issuing SORN Notices, late payment penalties from HM Customs and Excise and also the Inland Revenue...all will fall should the fundamental rights enshrined within the Bill of Rights be upheld. Remember, in the Metric Martyrs Judgment Lord Justice Laws stated that the Bill of Rights was a constitutional statute whose provisions must be expressly repealed.
Perhaps the easy route for all concerned would be to strike down the Metric Martyrs Judgment?
Thursday, July 13, 2006
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