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Is this really the law?
Key points
- The taxpayer was late paying his personal tax liability.
- HMRC allocated part of that payment to a partnership penalty.
- Further penalty notices were then issued for late payment of part of the personal liability.
- The tribunal relied on two 19th century cases.
- Can the taxpayer allocate payment when it is made?
Ian Hislop once famously said after losing a libel case: ‘If that is justice then I’m a banana.’ I feel the same way after reading the decision in Kuriakos Kritikos (TC7452). This is not a recent case; in fact it was decided in October 2019 but it has only recently come into my purview.
Background
Mr Kritikos submitted his 2010-11 tax return online on 31 January 2012. It showed tax due of £1 010. He paid that £1 010 – presumably electronically although the decision does not say – on 5 May 2012. Accordingly...
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