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JOHN NEWTH considers the decision in the First-tier Tribunal case of A While
KEY POINTS
- Discovery legislation in TMA 1970 s 29.
- Damages made net of all deductions.
- HMRC’s prior knowledge.
- Principles of awareness in Langham v Veltema.
Discovery for taxation purposes is a controversial issue and is set out in TMA 1970 s 29.
Broadly speaking it empowers HMRC to make an ‘out of time’ assessment on an individual taxpayer in respect of income or capital gains where in the opinion of HMRC the tax return has been completed with errors made deliberately or carelessly or it has been submitted in such a way that the officer could not reasonably have been expected to ascertain that there was either additional income tax or capital gains to be assessed.
The individual taxpayer on the other...
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