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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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