Decisions on the validity of discovery assessments and information notices are among the recent developments reviewed by Edward Reed and Andrew Crozier (Macfarlanes).
Staleness in the post-Tooth era: HMRC discovery upheld
The practical impact of the Supreme Court’s decision in HMRC v Tooth [2021] UKSC 17 continues to be felt with the rejection of staleness as a defence to discovery assessments resulting in another win for HMRC.
Following HMRC’s successful appeal to the Upper Tribunal (UT) in Hargreaves v HMRC [2022] UKUT 34 (TCC) (discussed here in April) HMRC has again succeeded in the recent case of HMRC v Martino [2022] UKUT 128 (TCC) in overturning an FTT decision that a discovery assessment was invalid for staleness.
The case concerned withdrawals made in 2010 from a registered pension scheme of which Mr Martino was a beneficiary. In 2014 HMRC sought to tax the withdrawals on the basis...
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Decisions on the validity of discovery assessments and information notices are among the recent developments reviewed by Edward Reed and Andrew Crozier (Macfarlanes).
Staleness in the post-Tooth era: HMRC discovery upheld
The practical impact of the Supreme Court’s decision in HMRC v Tooth [2021] UKSC 17 continues to be felt with the rejection of staleness as a defence to discovery assessments resulting in another win for HMRC.
Following HMRC’s successful appeal to the Upper Tribunal (UT) in Hargreaves v HMRC [2022] UKUT 34 (TCC) (discussed here in April) HMRC has again succeeded in the recent case of HMRC v Martino [2022] UKUT 128 (TCC) in overturning an FTT decision that a discovery assessment was invalid for staleness.
The case concerned withdrawals made in 2010 from a registered pension scheme of which Mr Martino was a beneficiary. In 2014 HMRC sought to tax the withdrawals on the basis...
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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