KPMG loses McLaren appeal over tax relief for spying fine

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  • I imagine that there are public policy issues at play here as a fine should be punative to the fullest extent that it is levied. Allowing for tax deduction dilutes the punative effect of the fine. That said the fine is contractual and not criminal. It is essentially incurred as a result of a breach of contractual regulations and is a sum payable under contract however it is levied. On that basis I suspect that the decision was wrong and that McClaren will consider taking this to the Court of Appeal/Supreme Court.

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  • Is it really sound like a fine/penalty?

    Much like with Parking Charge Notices. People might generally regard them as a penalty but technically they aren't because the issuer doesn't have the lawful authority to issue a penalty.

    Does the body here really have authority to issue penalties? Isn't this all by agreement given that McClaren could simply walk away from the sport.

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