When is an interest in possession not an interest in possession? The answer to this question is one of several new developments reviewed by Edward Reed and Toby Ney (Macfarlanes).
Ignorance of the law can be a ‘reasonable excuse’
We last covered the abstruse topic of the high income child benefit charge (HICBC) in relation to MRC v Wilkes [2021] UKUT 150 (TCC) where the Upper Tribunal agreed that the HICBC was not ‘income’ to be discovered under TMA 1970 s 29. HMRC then tweaked the law. Two recent cases on the HICBC show that ignorance of the law can be a reasonable excuse for failure to meet tax liabilities.
Kensall v HMRC [2023] UKFTT 11 (TC) concerned Mr Kensall’s appeals against assessments and penalties charged to him by HMRC for three tax years following his failure to notify HMRC of his HICBC liability.
Although the FTT dismissed his...
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When is an interest in possession not an interest in possession? The answer to this question is one of several new developments reviewed by Edward Reed and Toby Ney (Macfarlanes).
Ignorance of the law can be a ‘reasonable excuse’
We last covered the abstruse topic of the high income child benefit charge (HICBC) in relation to MRC v Wilkes [2021] UKUT 150 (TCC) where the Upper Tribunal agreed that the HICBC was not ‘income’ to be discovered under TMA 1970 s 29. HMRC then tweaked the law. Two recent cases on the HICBC show that ignorance of the law can be a reasonable excuse for failure to meet tax liabilities.
Kensall v HMRC [2023] UKFTT 11 (TC) concerned Mr Kensall’s appeals against assessments and penalties charged to him by HMRC for three tax years following his failure to notify HMRC of his HICBC liability.
Although the FTT dismissed his...
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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