header-logo header-logo

25 March 2010 / Jamie Potter , Charles Brasted
Issue: 7410 / Categories: Features , Tax
printer mail-detail

Parallel proceedings

Tax challenges: why so taxing? ask Charles Brasted & Jamie Potter

The long-understood need for parallel proceedings arises from the limited statutory jurisdiction of the tribunal(s) empowered to hear appeals from the decisions of HMRC. The jurisdiction of the relatively new First Tier Tribunal (the FTT) is constrained in the same manner as its predecessor bodies (in the case of tax, the VAT and Duties Tribunal and the Special Commissioners for Income Tax). Thus, for example, s 83 of the Value Added Tax Act 1994 (VATA) sets out an (almost) exhaustive list of the matters appealable to the FTT in relation to VAT.

A difficulty, however, arises in circumstances where a taxpayer wishes to complain about, not just the application of the law by HMRC in relation to his tax matters, but also HMRC’s conduct in reaching its decision—that is, the taxpayer wishes to argue that irrespective of (or more usually, despite) the application of the law, HMRC’s decision should be struck down as being unreasonable, irrational or contrary to the taxpayer’s legitimate expectation (typically arising from a published concession or individual ruling).

A

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll