Recent cases on information notices, penalties, and what is and is not a ‘mistake’ are reviewed by Edward Reed and Andrew Crozier (Macfarlanes).
Schedule 36 information notices: a mixed bag
We have commented recently on cases challenging FA 2008 Sch 36 information notices where taxpayer success is somewhat mixed. Against the recent backdrop of the taxpayer’s win in Davies v HMRC [2022] UKFTT 369 (TC) (discussed in November) where HMRC’s request was denied on procedural grounds Leen v HMRC [2023] UKFTT 407 (TC) is a comeback for HMRC.
In Leen the FTT concluded that information relating to a taxpayer’s personal services company (PSC) was disclosable under a Sch 36 notice issued as part of an enquiry into the taxpayer as an individual.
The taxpayer was a retired doctor receiving private consultancy fees via a PSC and had initially disclosed personal bank statements; however these did...
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Recent cases on information notices, penalties, and what is and is not a ‘mistake’ are reviewed by Edward Reed and Andrew Crozier (Macfarlanes).
Schedule 36 information notices: a mixed bag
We have commented recently on cases challenging FA 2008 Sch 36 information notices where taxpayer success is somewhat mixed. Against the recent backdrop of the taxpayer’s win in Davies v HMRC [2022] UKFTT 369 (TC) (discussed in November) where HMRC’s request was denied on procedural grounds Leen v HMRC [2023] UKFTT 407 (TC) is a comeback for HMRC.
In Leen the FTT concluded that information relating to a taxpayer’s personal services company (PSC) was disclosable under a Sch 36 notice issued as part of an enquiry into the taxpayer as an individual.
The taxpayer was a retired doctor receiving private consultancy fees via a PSC and had initially disclosed personal bank statements; however these did...
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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