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THE LIMITED CIRCUMSTANCES in which an employer can legitimately recover PAYE and National Insurance from an employee and the way in which tax paid by an individual is to be treated for the purposes of a PAYE settlement with the employer were reviewed by the Special Commissioner John Clark in Demibourne Ltd [2005] SpC 486.
This article summarises the case and analyses why practitioners are still uncertain how to apply the principles of this case and deal with practical situations where PAYE has not been properly accounted.
Background
Demibourne Ltd employed Mr Bone until his retirement in April 1993 to carry out general maintenance duties at an hotel which it owned and operated. Following his retirement Mr Bone continued to work in the same capacity but the company treated him as being self employed. Between April 1993 and April 2002 while Mr Bone worked at...
