UK:
March - Private Client Briefing From Tax Journal 2018
27 March 2018
Mishcon de Reya
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The First-tier Tribunal has considered, in separate cases, the
validity of penalties.
In Hills Residential, an automatic late filing penalty
was invalid where the taxpayer had taken all reasonable steps to
try to file the return on time; in Onillon the FTT
considered for the first time the 'reasonable in all the
circumstances' defence against a penalty for failure to take
corrective action; HMRC v Tooth highlights the benefit of
making full disclosure to HMRC, even where the legal technical
basis for the claim by the taxpayer is controversial, and is later
proved to be wrong; and D J Wood v HMRC confirms that a
penalty for late filing cannot generally be invoked without a prior
notice to file having been served.
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