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DJ Windsor & Co v HMRC

Administration & appeals: Submission of P35: whether a reasonable excuse

In DJ Windsor & Co v HMRC (TC01403 – 10 October) an accountancy firm failed to submit its 2007/08 P35 by the due date and HMRC imposed a penalty of £1200.

The firm appealed contending that its senior partner had attempted to file the return online in April 2008 and had assumed that HMRC had received it.

The First-tier Tribunal dismissed the appeal finding on the balance of probabilities that the return had not been filed online and holding that the circumstances did not constitute a reasonable excuse.

Why it matters: In cases of this kind the submission of evidence is crucial.

The First-tier Tribunal found that the accountancy firm had failed to submit satisfactory evidence in support of its claim that it...

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