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S McHale v HMRC

Penalty imposed at 15%

In S McHale v HMRC (TC02329 – 7 November) an employee (M) changed jobs at the end of September 2009. On his 2009/10 tax return he only declared his income from the second employer and only declared his benefits from his first employer. When HMRC discovered this it imposed a penalty under FA 2007 Sch 24 at the rate of 15% of the potential lost revenue. The FTT upheld the penalty and dismissed M’s appeal.

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Why it matters: The First-tier Tribunal held that there was no reasonable excuse for the errors in the appellant’s return and upheld the penalty which HMRC had imposed under FA 2007 Sch 24.

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