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RAY MCCANN and CATHYA DJANOGLY consider the extent to which HMRC’s view of excuses has been supported by the First-tier Tribunal
KEY POINTS
- HMRC are taking a severe stance on those who have failed to comply.
- Parliament did not define ‘reasonable excuse’ so what is it?
- HMRC increasingly exercise powers with little oversight.
- A review of reasonable excuses and tribunal decisions.
- There is an urgent need for HMRC to rationalise the guidance.
In 2009 the most significant change to the powers available to HMRC to charge penalties for errors in tax returns for more than 30 years became law. This has been followed by substantially increased penalties for late payment of tax coming into effect in April 2011.
Also in 2011 the 2009 penalty regime was itself amended so that where the error or delay relates to income or gains arising in an...
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