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The Revenue is making inappropriate use of penalties
KEY POINTS
- Taxpayer took part in a capital gains tax avoidance scheme.
- Penalty imposed when the scheme failed.
- Was the taxpayer negligent?
- Penalties should not be imposed arbitrarily.
HMRC have done an excellent job in convincing the media that tax avoidance is not only immoral but also illegal. I suspect that if you ask a member of the public they would not know there was a difference between tax avoidance and tax evasion. This becomes particularly important when we consider penalties.
My view of this was recently tested by the First-tier Tribunal where my client appealed against a penalty on the ground that it was unjust. The result not only proved to me that we should continue to defend our clients against unjust penalties it also gave me a glimpse of what may...
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