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Issue:
4465
/
Categories:
Comment & Analysis
, class 2 NICs
, Rashid v Garcia
, Employees
, Income Tax
Are HMRC confused about whether a liability to class 2 National Insurance arises on income from property?
KEY POINTS
- Client receives a letter from HMRC contending that a National Insurance liability has arisen for previous years but no copy is sent to the agent.
- HMRC are contending that class 2 National Insurance contributions are arising in respect of property rentals.
- In the case of Rashid v Garcia the Special Commissioners concluded that class 2 contributions were not payable on let property.
- HMRC appear to have ignored the Rashid case and also the answers to their own questionnaire and have not fully explained their reasoning.
- There appears to be an ongoing campaign by HMRC to impose a class 2 National Insurance contributions liability on let properties.
In May I received a scanned copy of an HMRC letter from a worried client. It was a demand for...
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