Market leading insight for tax experts
View online issue

R Smith v HMRC

Validity of discovery assessment

In R Smith v HMRC (TC02768 – 5 July) the appellant (S) had in 2000/01 entered into an avoidance scheme which was broadly similar to that which was subsequently held to be ineffective in Drummond v HMRC [2009] STC 2206. HMRC issued a discovery assessment. S appealed contending that the effect of the decision in HMRC v Dr M Charlton (and related appeals) [2012] UKUT 770 (TCC) was that the assessment was invalid. The First-tier Tribunal rejected this contention specifically distinguishing the decision in Charlton. Judge Kempster observed that ‘in Charlton the taxpayers’ returns included the scheme reference number that had been allocated by HMRC when the tax avoidance scheme had been registered by the scheme promoters’. Furthermore in the Charlton case the Ch D decision in Drummond had been issued before the closure of the relevant...

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:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this article in full.
Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.
EDITOR'S PICKstar
Top