Wilson v Revenue & Customs Commissioners - Justice? I am not sure…
A recent case (Wilson v Revenue & Customs Commissioners SpC 724) caught my eye purely because it triggered an instinctive response of “but that’s not fair!”
The taxpayer submitted his 2004/05 self assessment tax return including a claim for a capital loss of £2m. HMRC entered the figures manually on the computer and then lost the return. The taxpayer failed to produce a copy of the return when HMRC asked for this and HMRC issued a notice requiring him to deliver a copy, followed by a summons for a penalty for failure to comply with the notice, and requested the maximum penalty of £300.
The Special Commissioner determined the penalty on the basis that the return contained information relevant to the taxpayer’s tax liability and the default had continued for a year. The maximum penalty was very small compared with the amount of the loss. The fact that HMRC received the original return did not prevent it from requiring a copy!
Comment on this blog in the space provided below, or visit my profile for details of how to contact me.
Cathy Corns is a Corporate Tax partner at Mercer & Hole.
Date: 7th May, 2009
Articles from this Author
20th July, 2017
Uncertain times for winding up transactions
3rd July, 2017
9th June, 2017
27th April, 2017
Government places Making Tax Digital legislation on hold
Contact Business Service Partners
Choose from the drop down menu below to select a Partner to contact.
“Good luck to everyone who has also made it as a finalist, I look forward to awards evening later on in the year”-L… twitter.com/i/web/status/8…
For the latest Mercer & Hole news, visit our LinkedIn page mercer-&-hole