RPM (A Partnership) v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 16 Aug 2018

INCOME TAX – partnership return – submitted late – late filing penalty and daily penalty – problems with agent authorisation – no UTR – whether reasonable excuse – no – no submissions from HMRC on daily penalty – appeal upheld in part

Citations:

[2018] UKFTT 484 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 25 October 2022; Ref: scu.632275

Jagger v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 17 Oct 2018

INCOME TAX -Whether reasonable excuse for the late submission of Self-Assessment Tax returns for 2010-2011, 2012-2013. No, Initial late filing penalties levied under paragraph 3 of Schedule 55 confirmed. Whether daily penalties under paragraph 4 of Schedule 55 were correctly imposed. Yes. Whether penalties levied under paragraphs 5 and 6 were correctly imposed -No

Citations:

[2018] UKFTT 623 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 25 October 2022; Ref: scu.632347

SK Bains v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 6 Aug 2018

INCOME TAX – surcharges for failure to pay the tax set out in an accelerated payment notice – whether illness, anxiety and financial pressures caused by harassment at work, loss of employment status and/or a wedding amounted to a reasonable excuse – no – appeal dismissed

Citations:

[2018] UKFTT 436 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 25 October 2022; Ref: scu.632277

Steele v Revenue and Customs (Income Tax/Corporation Tax : Employment Income): FTTTx 12 Sep 2018

INCOME TAX – penalties for late delivery of income tax returns – whether (a) failure to notify chargeability, (b) failure to register for self-assessment even though a director and (c) failure to notify HMRC of change of address disqualify appellant from having a reasonable excuse for the failure.

Citations:

[2018] UKFTT 547 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 25 October 2022; Ref: scu.632322

Lalic v Revenue and Customs (Income Tax/Corporation Tax : Assessment/Self-Assessment): FTTTx 15 Oct 2018

Income tax – assessments and penalties in respect of inaccuracies in the Appellant’s self-assessment returns for 2011-12 and 2012-13 – s 28 Taxes Management Act 1970 and Schedule 55 to Finance Act 2009 – appeal to HMRC out of time – application for permission to appeal – whether reasonable excuse – guidance in Data Select and Romasave considered – application refused

Citations:

[2018] UKFTT 618 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 25 October 2022; Ref: scu.632348

Bibi v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 24 Oct 2018

INCOME TAX -penalties for late filing – whether return had been submitted by the due date – held, no – Donaldson and Sudall considered – whether reasonable excuse – whether proportionate – appeal against daily penalties allowed, appeal against other penalties refused

Citations:

[2018] UKFTT 637 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 25 October 2022; Ref: scu.632332

Chalmers v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 25 Sep 2018

PENALTIES – late filing and late payment – Schedules 55 and 56 of FA 2009 – whether service of notice to file deemed effective – whether reliance on accountant a reasonable excuse -personal company and its director separate entities – whether reasonable care taken to avoid the failure – whether failure remedied without unreasonable delay – whether special circumstances – appeal allowed in part

Citations:

[2018] UKFTT 555 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 25 October 2022; Ref: scu.632292

Professional Game Match Officials Ltd v Revenue and Customs (PAYE and NIC): FTTTx 30 Aug 2018

PAYE and NIC – regulation 80 determinations and section 8 decisions – whether Level 1 National Group football referees have contracts with PGMOL – yes – whether they are employees of PGMOL – no – whether payments made on behalf of and at expense of PGMOL within s 687 ITEPA – yes

Citations:

[2018] UKFTT 528 (TC), [2018] STI 1861, [2019] SFTD 74

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 25 October 2022; Ref: scu.632270

BMS Moody Ltd v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 25 Jun 2019

INCOME TAX – penalty for failure to make Company Tax Return – whether reasonable excuse- whether return submitted without unreasonable delay after excuse ceased – application for costs

Citations:

[2019] UKFTT 414 (TC)

Links:

Bailii

Statutes:

Income and Corporation Taxes (Electronic Communications) Regulations 2003

Jurisdiction:

England and Wales

Income Tax

Updated: 24 October 2022; Ref: scu.641237

Country Foods (Swanage) Ltd v Revenue and Customs (Income Tax – Penalties for Late Filing): FTTTx 12 Jul 2019

INCOME TAX – penalties for late filing of PAYE returns – Schedule 55 Finance Act 2009 – whether to give permission for late appeal to HMRC against five of the penalties – no – whether special circumstances or reasonable excuse for failure in respect of which remaining penalty was imposed – no – appeal dismissed

Citations:

[2019] UKFTT 457 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 24 October 2022; Ref: scu.641266

Tang v Revenue and Customs (Income Tax/Corporation Tax : Discovery Assessments): FTTTx 6 Feb 2019

INCOME TAX AND CAPITAL GAINS TAX – discovery assessments – penalties for ‘deliberate’ behaviour – whether assets held in trust – no trust document -whether income and gains belonged to Appellant

Citations:

[2019] UKFTT 81 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax, Capital Gains Tax

Updated: 24 October 2022; Ref: scu.641231

Talkative Ltd v Revenue and Customs (Employment Related Securities – Section 421JC of Income Tax): FTTTx 31 May 2019

EMPLOYMENT RELATED SECURITIES – Section 421JC of Income Tax (Earnings and Pensions) Act 2003 (‘ITEPA’) – fixed penalties for failure to file an ERS return on time – ignorance of requirement to file – whether taxpayer had a reasonable excuse for his default – appeal dismissed.

Citations:

[2019] UKFTT 344 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 24 October 2022; Ref: scu.638516

Smith v Revenue and Customs (Income Tax – Schedule 55 Finance Act 2009 – Fixed and Daily Penalties): FTTTx 29 May 2019

INCOME TAX – Schedule 55 Finance Act 2009 – fixed and daily penalties for failure to file a self-assessment return on time – whether taxpayer had a reasonable excuse for his default – appeal dismissed.

Citations:

[2019] UKFTT 339 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 24 October 2022; Ref: scu.638514

Collado v Revenue and Customs (Income Tax/Corporation Tax : Self Assessment – Penalty): FTTTx 22 Nov 2018

INCOME TAX – self assessment – whether the Notice to File issued to the Appellant was issued under Section 8 of Taxes Management Act 1970 – yes – whether the Appellant’s tax return was filed late – yes – whether this late filing rendered the Appellant liable to a penalty imposed under Paragraph 3 of Schedule 55 to Finance Act 2009 – yes – whether the amount of the penalty under Paragraph 3 is fixed or HMRC are required to consider the circumstances of each taxpayer to assess the penalty individually – the amount is specified by Paragraph 3 – whether the Appellant had a reasonable excuse for her delay in filing her return – no – appeal dismissed

Citations:

[2018] UKFTT 687 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax, Taxes Management

Updated: 24 October 2022; Ref: scu.632386

Leverton Search Ltd v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 25 Oct 2018

INCOME TAX – obligation on ‘specified employment intermediaries’ to file returns – whether or not the Appellant was a ‘specified employment intermediary’ – no – whether or not, had it been a ‘specified employment intermediary’, it would have had a reasonable excuse for its failure to file the returns – no – appeal upheld

Citations:

[2018] UKFTT 638 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 24 October 2022; Ref: scu.632349

Chapman v Revenue and Customs: FTTTx 22 Nov 2011

Income Tax; Closure Notice; Discovery Assessments; whether Appellant overcharged by assessments; whether Appellant negligently delivered incorrect returns; omission of sales; adequacy of business records; method of calculation of turnover and profit; takings build-up; relevance and calculation of funds obtained through gambling; applicability of Retail Price Index to takings build-up for year of enquiry to other years of assessment; presumption of continuity; onus of proof; Taxes Management Act 1970 ss. 8, 12B, 19A, 29, 36(1), 50(6), and 95; whether assessments should stand good – No; whether assessments should be reduced – Yes; appeal allowed in principle.

Citations:

[2011] UKFTT 756 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 23 October 2022; Ref: scu.450856

Barclays Bank Plc and Another v HM Revenue and Customs: CA 11 May 2007

Retired bank employees had previously received free tax advice. When the service was withdrawn, the bank made a payment. The Revenue said that this payment was chargeable to income tax.
Held: The bank’s appeal failed. The payment was made ‘in connection with’ the former employment, and viewing that in context it was a chargeable payment within the retirement benefits scheme. The court discussed how it was to construe the Act: ‘the court should, when interpreting a statutory provision, examine not just that provision but also the context in which it appears in the legislation in question. It may then be able to form a view as to the purpose of the provision in question and that knowledge may inform its thinking as to the choice of meaning to be offered where choices are available. The context of the provision in question, however, will not of itself justify the court in limiting the provision to that context, and thus reducing its apparent scope, unless there is some indication in the legislation that this is what Parliament intended.’

Judges:

May LJ, Arden LJ, Scott Baker LJ

Citations:

[2007] EWCA Civ 442, Times 05-Jun-2007

Links:

Bailii

Statutes:

Income and Corporation Taxes Act 1988 612(1)

Jurisdiction:

England and Wales

Citing:

CitedCoventry and Solihull Waste Disposal Company Ltd v Russell HL 25-Nov-1999
Where an electricity supplier operated a waste plant to generate electricity, but still, the predominant use of the plant was for waste disposal, the rates were not to be calculated under the industry’s own special rules, but under those for the . .
CitedHM Inspector of Taxes v Dextra Accessories Ltd HL 7-Jul-2005
The taxpayer companies had paid funds into a trust for employees. They sought to set off the payments against their liability to corporation tax. The revenue argued that they were deductible only in the year in which they were paid to the employees. . .
CitedWales (Inspector of Taxes) v Tilley HL 11-Feb-1943
The taxpayer was managing director of a company. The Revenue sought to tax him on two sums of andpound;20,000 paid by to him by the company. The sums were paid in part as the price of compounding a pension, and in part in consideration of the . .
CitedRegina v Schildcamp HL 1971
Lord Upjohn considered the duty of the court when considering an Act of Parliament: ‘The task of the court is to ascertain the intention of Parliament; you cannot look at the section, still less a subsection, in isolation, to ascertain that . .
Lists of cited by and citing cases may be incomplete.

Employment, Income Tax

Updated: 23 October 2022; Ref: scu.251815

McMurray v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 7 Feb 2019

INCOME TAX – penalties for the late filing of return – Schedule 55 to the Finance Act 2009 – taxpayer brought into self-assessment due to PAYE underpayment – whether 8 TMA notice to file valid in law – whether service of the relevant notices for penalties to be imposable can be deemed – whether erroneous belief gave rise to a reasonable excuse – whether special circumstances – whether penalties proportionate – appeal dismissed

Citations:

[2019] UKFTT 83 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 23 October 2022; Ref: scu.641228

Clark (Deceased), The Executors of v Revenue and Customs (Procedure : Income Tax – Termination Payment or Relevant Benefit Under EFRBS): FTTTx 20 Jul 2019

INCOME TAX – termination payment or relevant benefit under EFRBS – disability-entire agreement clause-extrinsic evidence-late amendment of grounds of appeal-no-appeal dismissed

Citations:

[2019] UKFTT 473 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 23 October 2022; Ref: scu.641263

Goodman v Revenue and Customs: FTTTx 28 Aug 2019

INCOME TAX – individual tax return – penalties for late filing – whether properly imposed – no – no evidence that a valid notice to file under section 8(1) TMA 1970 had been given to the taxpayer – application to appeal out of time – application granted – appeal allowed

Citations:

[2019] UKFTT 550 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 23 October 2022; Ref: scu.641319

Looney, Kiernan Looney and Associates (Partnership) v Revenue and Customs (Income Tax/Corporation Tax : Partnership): FTTTx 16 Oct 2018

INCOME TAX – CAPITAL GAINS TAX – Partnership – Appeal against Amendment to Partnership Return for 2009-2010 – Discovery – attribution of income and turnover to partnership or company – termination payment trading and revenue receipt or non-taxable capital receipt – appeal against amendment to self-assessment return for 2011-2012 – capital gains chargeability – acquisition and disposition of shares – chargeable gain or gift – calculation of gain – joint interest held by Appellant and wife – entrepreneurs relief – Appeal against closure notice and amendment to self-assessment return for 2009-2010

Citations:

[2018] UKFTT 619 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax, Capital Gains Tax

Updated: 23 October 2022; Ref: scu.632350

Tarrant Howl Ltd v Revenue and Customs: FTTTx 31 Oct 2018

Income Tax/Corporation Tax : Other – employment intermediaries returns – penalties for failure to file nil returns for two periods after filing of first return with information – whether officer of HMRC made penalty determinations – whether ignorance of requirement to file nil returns reasonable excuse – whether reliance on third party reasonable excuse – appeal allowed

Citations:

[2018] UKFTT 640 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 23 October 2022; Ref: scu.632370

Martin v Revenue and Customs: FTTTx 2 Oct 2018

Income Tax/Corporation Tax : Appeal – enquiries – jurisdiction to prevent amendments under s 28B after closure of enquiry – no – appeal struck out – consideration of appellant’s case that closure notice was invalid as notice to file not issued by named officer

Citations:

[2018] UKFTT 660 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 23 October 2022; Ref: scu.632353

Thornton (T/A A* Education) v Revenue and Customs: FTTTx 1 Oct 2018

Income Tax/Corporation Tax : Penalty – EMPLOYMENT INTERMEDIARIES RETURNS – penalties for failing to file returns for three periods – no evidence that an authorised officer of the Board made a determination under Section 100 TMA 1970 – HMRC policy seemingly inconsistent with the law – no reasonable excuse – penalties proportionate – reduction under Section 100B TMA 1970 – appeal allowed

Citations:

[2018] UKFTT 568 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 23 October 2022; Ref: scu.632371

Locmelis v Revenue and Customs: FTTTx 31 Jul 2019

Income Tax/Corporation Tax : Penalty – self-assessment – late filing penalties – believed no longer required to complete returns and no correspondence received – whether reasonable excuse – no – whether initial late filing penalty was valid – no – whether special circumstances existed in relation to the other penalties – yes

Citations:

[2019] UKFTT 497 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 22 October 2022; Ref: scu.641289

Andrew v Revenue and Customs (Income Tax/Corporation Tax : Anti-Avoidance): FTTTx 5 Mar 2019

INCOME TAX – disposal of gilt strips – determination of loss under paragraph 14A Schedule 13 Finance Act 1996 – whether amount paid by transferee to a person other than the transferor is an ‘amount payable on the transfer’ – yes – profit on transactions arising to trustees of settlement – whether profit should be regarded as income for tax purposes – no – appeal allowed in part

Citations:

[2019] UKFTT 177 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 22 October 2022; Ref: scu.635739

Kirby v Revenue and Customs (Income Tax/Corporation Tax : Assessment/Self-Assessment): FTTTx 25 Mar 2019

Income Tax – closure notices – whether interest received on bank and building society accounts beneficially owned – whether liability to tax for pensions receivable affected by private agreement to share the pensions – appeal allowed in part

Citations:

[2019] UKFTT 206 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 22 October 2022; Ref: scu.635761

Hull City Tigers v Revenue and Customs (Income Tax/Corporation Tax : Employment Income): FTTTx 22 Mar 2019

INCOME TAX – earnings – Income Tax (Employment and Pensions) Act 2003 – premier league footballer – image rights agreement – whether payments viewed realistically were earnings – appeal dismissed

Citations:

[2019] UKFTT 227 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 22 October 2022; Ref: scu.635757

Strongetharm v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 16 Feb 2019

Income tax – fixed and daily penalties for late filing of self-assessment return – Donaldson considered – appellant’s accountant failed to file appellant’s return – whether reasonable excuse – no – appeal dismissed

Citations:

[2019] UKFTT 122 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 22 October 2022; Ref: scu.635727

New Zealand and Australian Land Co Ltd v Scottish Union and National Insurance Co: HL 22 Jul 1920

A Scottish company carrying on business in various colonies paid the respective colonial income tax upon its profits in each colony. Having also paid British income tax, it obtained, under section 43 of the Finance Act 1916, repayment of a portion thereof in respect of its payment of the colonial taxes. Held ( aff. judgment of the Second Division), in a question with its preference shareholders, who were entitled to a fixed preferential dividend and no more, that the company was entitled to deduct from such preferential dividend the full amount of the British income tax.

Judges:

Viscount Haldane, Viscount Finlay, Viscount Cave, Lord Dunedin, and Lord Shaw

Citations:

[1920] UKHL 543, 57 SLR 543

Links:

Bailii

Jurisdiction:

Scotland

Income Tax

Updated: 22 October 2022; Ref: scu.631544

Savage v Revenue and Customs: FTTTx 12 Dec 2011

Individual with three low paid jobs – insufficient or no tax deducted by one or more employers – HMRC estimated underpayment at pounds 2,300 – SA returns issued – penalty charged for late return – whether return was delivered late – no – surcharge levied – whether reasonable excuse – yes – appeal allowed – attention of parties drawn to the underlying issues of liability, ESC A19 and Time to Pay arrangements

Citations:

[2011] UKFTT 816 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 21 October 2022; Ref: scu.450946

Uttley v Revenue and Customs: FTTTx 11 Apr 2019

Income Tax/Corporation Tax : Penalty – fixed and daily penalties for late filing of self-assessment return – appellant unaware of requirement to file a return in respect of expenses which exceeded pounds 2500 and assumed they had been taxed under his tax coding – also experienced problems receiving post and asserts that he had not received a notice to file – whether reasonable excuse – no – appeal disallowed

Citations:

[2019] UKFTT 243 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 21 October 2022; Ref: scu.637874

Sharif v Revenue and Customs: FTTTx 26 Apr 2019

Income Tax, Class 4 National Insurance Contributions and Student Loan Repayments – (1) Enquiry into used car selling trade for 2013-14 – whether omissions of sales – whether amendments to return correct – whether penalties due under Schedule 24 FA 2007 for deliberate conduct – appeals allowed in part (2) Compliance check into takeaway business for 2007-08 to 2012-13 – whether omissions of sales through intermediaries – whether discovery assessments valid – whether penalty under s 95 TMA for fraudulent conduct and under Schedule 24 FA 2007 for deliberate and concealed conduct due – all appeals allowed.

Citations:

[2019] UKFTT 278 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 21 October 2022; Ref: scu.637868

Farrow v Revenue and Customs (Income Tax/Corporation Tax : Sub-Contractors In The Construction Industry): FTTTx 19 Mar 2019

INCOME TAX – Penalty imposed on company for inaccuracy in Construction Industry Scheme return – (Sch 24 FA 2007) – Personal Liability Notice issued to director of the company (para 19 Sch 24 FA 2007) – Whether inaccuracy was ‘deliberate’

Citations:

[2019] UKFTT 200 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 21 October 2022; Ref: scu.635750

Rich v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 26 Feb 2019

INCOME TAX – penalties for late delivery of tax return – whether return issued for requisite purpose: no, Goldsmith applied – whether reasonable excuse: no – whether special circumstances: yes – HMRC failed to take into account that overrepayment should have been coded out – appeal allowed.

Citations:

[2019] UKFTT 135 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 21 October 2022; Ref: scu.635720

Swabe v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 28 Feb 2019

Income tax – fixed and daily penalties for late filing of self-assessment return – appellant completed paper return late – caused accountant to file online return late – whether reasonable excuse – no – appeal dismissed

Citations:

[2019] UKFTT 146 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 21 October 2022; Ref: scu.635728

Mateola v Revenue and Customs (Income Tax/Corporation Tax : Appeal): FTTTx 7 Mar 2019

INCOME TAX – appeal against discovery assessments – whether notice of appeal had been given to HMRC – whether permission should be granted for appeals to be notified to HMRC outside the statutory time limit – ss 49-49D Taxes Management Act 197

Citations:

[2019] UKFTT 179 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 21 October 2022; Ref: scu.635763

Chaudhary v Revenue and Customs (Income Tax/Corporation Tax : Assessment/Self-Assessment): FTTTx 14 Feb 2019

INCOME TAX – whether appellant had under-declared trading profits -discovery assessments – s 29 Taxes Management Act 1970 – whether discovery had become stale – penalties for inaccuracies in tax returns – schedule 24 Finance Act 2007 – whether conduct deliberate and concealed – appeal allowed in part

Citations:

[2019] UKFTT 99 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 19 October 2022; Ref: scu.635686

Tomlinson v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 16 Feb 2019

Income tax – fixed and daily penalties for late filing of self-assessment return – Donaldson considered – Appellant asserted that it was not necessarily correct to say he was self-employed and that a number of factors in his relationship with his employer/principal indicated that he was employed – until that issue was resolved he was under no obligation to file a self-assessment return – had previously filed self-assessment returns for 35 years – whether reasonable excuse – no – appeal dismissed

Citations:

[2019] UKFTT 121 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 19 October 2022; Ref: scu.635730

Ali v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 15 Mar 2019

Income tax – fixed and daily penalties for late filing of self-assessment return – Donaldson considered – appellant and family members ill – no supporting evidence – whether reasonable excuse – no – appeal dismissed

Citations:

[2019] UKFTT 194 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 19 October 2022; Ref: scu.635738

Smith v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 26 Feb 2019

INCOME TAX – penalties for late delivery of tax return – permission to make late appeals opposed by HMRC – held appeals not late – whether reasonable excuse: no – daily, 6 month and 12 month penalties cancelled on procedural grounds – three late payment penalties – permission to make 2 late appeals – granted – 2 penalties cancelled because review officer legally cancelled third on account of HMRC delay and concessionally cancelled the first two on the same grounds and then reneged on that concession.

Citations:

[2019] UKFTT 134 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 19 October 2022; Ref: scu.635725

Boyd (T/A Pixelbox Design) v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 14 Mar 2019

Income tax – fixed and daily penalties for late filing of partnership tax return – partners unaware they were required to file a partnership return – whether reasonable excuse – no – appeal dismissed

Citations:

[2019] UKFTT 190 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 19 October 2022; Ref: scu.635741

Albatel Ltd v Revenue and Customs (Income Tax/Corporation Tax : Personal Service Companies (IR 35)): FTTTx 16 Mar 2019

INCOME TAX AND NATIONAL INSURANCE – intermediaries legislation – IR35 – sections 48-61 ITEPA 2003 – personal service company – contract for services or contract of service – appeal allowed

Citations:

[2019] UKFTT 195 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Taxes – Other, Income Tax

Updated: 17 October 2022; Ref: scu.635737

Bulloch v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 4 Mar 2019

Income tax – penalties for late payment of income tax – appellant asserts he received contradictory claims from HMRC as to the amount due – no evidence provided – whether reasonable excuse – no – appeal dismissed

Citations:

[2019] UKFTT 174 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 17 October 2022; Ref: scu.635742

Patten v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 28 Feb 2019

Income tax – fixed and daily penalties for late filing of self-assessment return – appellant encountered difficulties filing online – further delay before filing return – whether reasonable excuse – no – appeal dismissed

Citations:

[2019] UKFTT 143 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 17 October 2022; Ref: scu.635713