Capital Gains Tax/Taxation of Chargeable Gains : Other – CAPITAL GAINS TAX – non-resident CGT return – penalties of Apounds 1,600 for failure to file return within 30 days of completion of house sale – whether disposal in 2015-16: not proved, so penalties not due – alternatively, whether assessment met requirements of paragraph 18 Schedule 55 FA 2009: no, but s 118 TMA applies – whether paragraph 4 Schedule 55 penalties properly imposed: no, Donaldson applies and no paragraph 4(1)(b) HMRC decision – whether reasonable excuse: yes – whether special circumstances decision by HMRC flawed: yes – decision that there were special circumstances substituted – penalties cancelled.
Citations:
[2017] UKFTT 690 (TC)
Links:
Jurisdiction:
England and Wales
Capital Gains Tax
Updated: 30 March 2022; Ref: scu.598980