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Muddled cheques

19 September 2012
Issue: 4372 / Categories: Tax cases , Admin
M Patterson (TC2138)

The taxpayer fell behind with submitting her tax returns for the years 2006/07 and 2007/08.

Knowing she and her husband would both have tax to pay for the periods she sent cheques for £10 000 and £1 000 to be paid into her and her husband’s accounts respectively.

Due a mix-up for which the taxpayer did not blame HMRC the cheque for £1 000 was credited to her account and the £10 000 cheque to her husband’s account.

The result her husband ended up with a repayment of £9 330 while she incurred interest and penalties as a result of underpaying tax.

The Revenue pointed it was the taxpayer’s fault the cheques had been incorrectly credited.

The First-tier Tribunal judge accepted that the taxpayer had made a genuine mistake and honestly believed she had paid £10 000 into her account.

However for 2006/07 the tax...

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