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Malachy Higgins v The National Crime Agency

In Malachy Higgins v The National Crime Agency [2015] UKFTT 0046 (29 January 2015) the FTT found that monies paid under a confiscation order had included tax.

Mr Higgins appealed against income tax assessments (together with interest and penalties) on the ground that he had already accounted for the same under a confiscation order arising from his conviction by the Crown Court for non-compliance with the legislation on the disposal of toxic waste. He contended that assessments had been raised by the National Crime Agency (NCA) having adopted the powers of HMRC under POCA 2002. The issue of the assessments therefore amounted to a double recovery.

The FTT observed that the Confiscation Order for a gross amount of £400 000 had represented the best that Mr Higgins could afford out of a much larger figure of £1 663 378 representing all the benefits he had received from...

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