In A Omar v HMRC (TC01559 – 28 November) a married couple controlled a company (P) and were the only members of an unapproved retirement benefit scheme (M). P transferred certain property interests to M. When HMRC discovered this it issued an assessment charging tax on the basis that the amounts transferred were employment income of the husband. He appealed contending that his tax returns had noted that he had received certain benefits from P so that the assessments had been issued outside the statutory time limits. The First-tier Tribunal rejected this contention and dismissed the appeal holding that the assessments were authorised by TMA 1970 s 29(5). Judge Tildesley held that the relevant entries in the appellant’s returns ‘were carefully crafted disclosures seeking to pass through the initial checks carried out by HMRC but in no way meeting the test of...
