INCOME TAX – discovery assessments – ss 29, 34, 36 and 118 of Taxes Management Act 1970 – no returns filed for relevant years – information from police raid – interaction with reg 72 Income Tax (PAYE) Regulations 2003 – whether discovery of insufficiency ‘stale’ – obiter dictum of Charlton re-considered – ‘danger’ of judicial paraphrase per Lansdowne – the concept of ‘staleness’ unsupported by statutory context, and unsupportable in the absence of judicial review jurisdiction – extended time limits – whether loss of tax brought about carelessly or deliberately – issue of quantification – whether assessments raised on proceeds of crime – frauds being ‘incidents’ of a trade – elements of illegality cannot be founded upon to avoid tax – whether assessments stand good; yes – appeal allowed in part A but only in relation to assessments not defended by the respondents; appeal otherwise dismissed
[2021] UKFTT 130 (TC)
Bailii
England and Wales
Updated: 20 October 2021; Ref: scu.667900
