header-logo header-logo

Taxing matters

09 January 2015 / Peter Vaines
Issue: 7635 / Categories: Features , Tax , Commercial
printer mail-detail
vaines_0

Peter Vaines wonders whether the meaning of “discovery” is too wide

If HMRC wish to raise an assessment beyond the enquiry window they must first make a discovery. That means the tax officer has to discover that:

  • there are income and gains which ought to be assessed;
  • an assessment to tax has become insufficient; or
  • a relief which had been given has become excessive.

In these circumstances, Taxes Management Act 1970(TMA 1970), s 29 allows HMRC to raise a discovery assessment—providing certain other conditions are satisfied.

We know from Charlton (and many other authorities) that a discovery means that it has newly appeared to an officer that there is an insufficiency in an assessment. A change of view, a change of opinion or the correction of an oversight is a discovery for this purpose. It can also include a discovery that the law had been wrongly applied or that the officer had made a mistake about the law.

The meaning of “discovery” is therefore extremely wide. However, it must mean something. What s 29 cannot mean is that an assessment can be issued

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll