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HMRC v E Walker

Jurisdiction of the FTT to amend a return

In HMRC v E Walker [2016] UKUT 32 (1 February 2017) the UT found that once the FTT had found that the taxpayer was entitled to a smaller repayment than the one actually claimed it should have amended its return.

Mr Walker was a contractor in the construction industry. Following an enquiry HMRC had issued a closure notice against which the taxpayer had appealed.

Although the FTT had found in favour of the taxpayer it had found that he was entitled to a smaller repayment than the one made to him but it had decided that it had no power to amend his return under TMA 1970 s 50(6) and (7). HMRC challenged this conclusion as to the FTT’s power to amend returns.

The UT noted that the rights of the taxpayer and HMRC in relation to payment...

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