In Baxendale-Walker, the Upper Tribunal struck out tax-related penalties of £14m, issued under FA 2008 Sch 36 para 50, on grounds that HMRC’s para 50 application was too late (if HMRC could not amend their information notice) or they assessed the para 39 penalty too soon (if they could). The UT did confirm that HMRC can apply for a tax-geared penalty while a para 39 penalty is under appeal. However, the UT did not definitively answer the question of whether HMRC can vary an information notice after it has been issued. Following this decision, it seems likely that HMRC will now be less flexible in relation to taxpayer requests for more time to comply with information notices.
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In Baxendale-Walker, the Upper Tribunal struck out tax-related penalties of £14m, issued under FA 2008 Sch 36 para 50, on grounds that HMRC’s para 50 application was too late (if HMRC could not amend their information notice) or they assessed the para 39 penalty too soon (if they could). The UT did confirm that HMRC can apply for a tax-geared penalty while a para 39 penalty is under appeal. However, the UT did not definitively answer the question of whether HMRC can vary an information notice after it has been issued. Following this decision, it seems likely that HMRC will now be less flexible in relation to taxpayer requests for more time to comply with information notices.
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:
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