In Gray Publishing v HMRC (TC03253 – 23 January 2014) a penalty had been imposed upon the taxpayer for the late filing of the end of year P35 return.
Mrs Gray had believed that it was not necessary to file a P35 as the firm had no employees in the relevant tax year. She had contacted HMRC to obtain confirmation that no return was required but had not obtained a reply.
HMRC and the tribunal accepted that Mrs Gray had held a ‘genuine belief’ that no return was required. However HMRC argued that her belief was unreasonable.
The tribunal noted that an honest belief can be a reasonable excuse. However the more ‘unreasonable’ a belief is the more unlikely it is that the tribunal will accept that it was genuinely held. Disagreeing with Coales v HMRC [2012] UKFTT 477 the...
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:
In Gray Publishing v HMRC (TC03253 – 23 January 2014) a penalty had been imposed upon the taxpayer for the late filing of the end of year P35 return.
Mrs Gray had believed that it was not necessary to file a P35 as the firm had no employees in the relevant tax year. She had contacted HMRC to obtain confirmation that no return was required but had not obtained a reply.
HMRC and the tribunal accepted that Mrs Gray had held a ‘genuine belief’ that no return was required. However HMRC argued that her belief was unreasonable.
The tribunal noted that an honest belief can be a reasonable excuse. However the more ‘unreasonable’ a belief is the more unlikely it is that the tribunal will accept that it was genuinely held. Disagreeing with Coales v HMRC [2012] UKFTT 477 the...
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:
