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Harding v CRC, Upper Tribunal (Tax and Chancery Chamber)
The taxpayer worked for KPMG UK Ltd from 1988 until 31 October 2008.
His employment was terminated in accordance with the terms of a compromise agreement under which the company made a severance payment comprising an ex gratia £109 793 and a £12 500 contribution to his pension fund.
The taxpayer completed a short tax return for 2008/09 that did not include the severance payment because there is no place to show it.
The notes accompanying the return specified that the document should not be used if the taxpayer had received a lump sum from an employer or former employer other than a redundancy payment below £30 000.
KPMG told HMRC about the payment but the taxpayer was unaware until after he had submitted his self assessment return – which the Revenue amended imposing a penalty under FA 2007 Sch 24 for on the basis the...
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