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Private client review for October 2020

Andrew Goldstone and Katherine Forster (Mishcon de Reya) review recent tax developments affecting private clients.

Stokes: penalties for failure to make returns

In C Stokes and another v HMRC [2020] UKFTT 357 (TC) the taxpayers were resident in South Africa and received income from a UK property. The taxpayers sent the information necessary to file their returns to their UK accountant. However because the accountant’s father was dying and the accountant had to spend time with him he was late in submitting the taxpayers’ returns. HMRC issued late filing penalties. The taxpayers appealed.

The First-tier Tribunal (FTT) noted that the taxpayers sent the information for the returns after the due date. This was because the accountant had not sent them a reminder as he would usually have done. It was held that the taxpayers had not taken reasonable care in this regard so there was no reasonable...

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