Helen Adams (BDO) considers the ways the Supreme Court decision will change advisers’ approach to discovery appeals.
Taxpayers desire certainty in a finite (preferably short) time frame. HMRC wants to assess any additional tax whenever it realises insufficient was assessed in the past. In order to balance such competing interests Parliament gave HMRC limited windows of opportunity within which to open self-assessment enquiries and issue discovery assessments for tax years for which there are no open enquiries. Consequently taxpayers and their advisers challenge discovery assessments if they consider that the statutory conditions or time limits are not met.
HMRC v Tooth [2021] UKSC 17(reported in Tax Journal 21 May 2021) was one such challenge considering whether discoveries can be made more than once if they may be invalidated by staleness and when a mistake is ‘deliberate’. This Supreme Court decision challenges aspects of...
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Helen Adams (BDO) considers the ways the Supreme Court decision will change advisers’ approach to discovery appeals.
Taxpayers desire certainty in a finite (preferably short) time frame. HMRC wants to assess any additional tax whenever it realises insufficient was assessed in the past. In order to balance such competing interests Parliament gave HMRC limited windows of opportunity within which to open self-assessment enquiries and issue discovery assessments for tax years for which there are no open enquiries. Consequently taxpayers and their advisers challenge discovery assessments if they consider that the statutory conditions or time limits are not met.
HMRC v Tooth [2021] UKSC 17(reported in Tax Journal 21 May 2021) was one such challenge considering whether discoveries can be made more than once if they may be invalidated by staleness and when a mistake is ‘deliberate’. This Supreme Court decision challenges aspects of...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
