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Taxing matters

30 June 2017
Issue: 7752 / Categories: Features , Tax
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Peter Vaines tackles penalties, prison & other principal residences

  • Failure to submit a zero return.
  • Doing time: an unexpected or unusual event?
  • New twist on principal private residence.

The case of Kaczmarczyk v HMRC TC 5744 has some hair-raising implications. Mr Kaczmarczyk was issued with a tax return but he did not send it back because he had no taxable income or gains for the year. However, HMRC still imposed a penalty of £3,500 for failing to submit a zero return. Their grounds derived from s 8 of TMA 1970, which says that the taxpayer ‘may be required by a notice given to him by an officer of the Board to make and deliver to the officer a return containing such information as may reasonably be required in pursuance of the notice’.

The tribunal held that upon receipt by a person of a notice under s 8, the recipient has an obligation to file a tax return for the year—and failure to do so gives rise to a penalty under Sch 55 of the Finance Act 2009. (I wonder if this extends to failing

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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

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