Gater v Revenue and Customs: FTTTx 21 Jun 2018

Capital Gains Tax/Taxation of Chargeable Gains – non-resident CGT return – penalties of pounds 1,300 for failure to file return within 30 days of completion of house sale – whether HMRC have shown penalty due: yes – whether fact that residence status in year of disposal not yet ascertained relevant: no – s 12ZJ TMA applies – whether reliance on third party reasonable excuse: yes – whether ignorance of law reasonable excuse: yes, following Perrin in Upper Tribunal – whether paragraph 4 daily penalties purportedly withdrawn remain outstanding – appeal allowed against all penalties, including daily penalties.

[2018] UKFTT 455 (TC)
Bailii
England and Wales

Capital Gains Tax

Updated: 03 December 2021; Ref: scu.622362