Our pick of interesting cases reported in the last three months.
1. Amrolia: clarity on getting closure
In R (on the application of Amrolia) v HMRC; R (on the application of Ranjit-Singh) v HMRC [2020] EWCA Civ 488 (reported in Tax Journal 17 April) the Court of Appeal found that notices amending individual partners’ tax returns under TMA 1970 s 28B(4) were not closure notices and therefore did not need to specify the final amounts of tax due.
Why it matters: Although partnerships (including in most cases LLPs) are not taxable in their own right they must submit tax returns. If HMRC wishes to enquire into a partnership tax return it may do so under TMA 1970 s 12AC. Upon closure of the enquiry HMRC must deliver a closure notice to the partnership and must give effect to the closure notice...
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Our pick of interesting cases reported in the last three months.
1. Amrolia: clarity on getting closure
In R (on the application of Amrolia) v HMRC; R (on the application of Ranjit-Singh) v HMRC [2020] EWCA Civ 488 (reported in Tax Journal 17 April) the Court of Appeal found that notices amending individual partners’ tax returns under TMA 1970 s 28B(4) were not closure notices and therefore did not need to specify the final amounts of tax due.
Why it matters: Although partnerships (including in most cases LLPs) are not taxable in their own right they must submit tax returns. If HMRC wishes to enquire into a partnership tax return it may do so under TMA 1970 s 12AC. Upon closure of the enquiry HMRC must deliver a closure notice to the partnership and must give effect to the closure notice...
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:
