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Proposals to amend the law to correct HMRC’s past errors

03 December 2019 / Keith M Gordon
Issue: 4723 / Categories: Comment & Analysis
11783
Tuning in on trust

 

Key points

  • HMRC’s strict approach policy when minor errors have a disproportionate effect on tax liabilities.
  • Tribunal and court cases illustrate the unfair results that can arise from prescriptive legislation.
  • A penalty was charged as a result of an incorrect tax return entry even though the P60 pay figure had been confirmed by the employer.
  • HMRC applies the law irrespective of fairness resulting in windfall tax or penalties.
  • TMA 1970 s 8 and s 100 processes will be automated but this should not be done with retroactive effect.


The law reports are full of cases where taxpayers have made a small error in their paperwork which has led to a disproportionate effect on their tax position. In each of these cases HMRC has insisted on...

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