Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Wrong kind of income omitted

26 April 2013
Issue: 4400 / Categories: Tax cases , Admin

D Testa (TC2549)

The taxpayer’s employment was terminated on 31 August 2009. He received a severance payment of £213 600 of which £100 000 was in lieu of notice. The balance was compensation for loss of office.

The employer deducted tax at 20% from the total because the taxpayer has already been issued with a P45.

The taxpayer completed a tax return for 2009/10 using the figures on the P45 and forgetting to include the severance payment.

HMRC cross-checked the return in January 2012 against the employer’s return discovered the discrepancy and wrote to the taxpayer for information. He acknowledged the error immediately and explained how it came about.

The Revenue accepted the taxpayer’s explanation and mitigated the penalty to 15% of the under-declared tax in view of his cooperation.

The taxpayer asked HMRC to suspend the fine saying he would employ an adviser in future years to ensure...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.

back to top icon