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Stephen Finch v HMRC

Whether penalty notices breached human rights

In Stephen Finch v HMRC [2015] UKFTT 589 (26 November 2015) the FTT allowed in part an appeal against penalties for late payment.

Mr Finch was appealing against three late payment penalties in relation to late paid capital gains tax (imposed under FA 2009 Sch 56). The tax had been due on 31 January 2013; and HMRC had issued penalties on 4 June and 14 August 2013 and 24 February 2014. Mr Finch contended that he had agreed time to pay arrangements with HMRC so that the penalties should have been suspended (FA 2009 Sch 56 para 10).

The FTT found that a time to pay arrangement had been in place in 2013 so that no penalties were due. However HMRC had rejected a proposed arrangement for 2014 and so the February 2014 penalty must stand. Mr Finch contended that...

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