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M S K Yip (TC3981)
The taxpayer was the director of a company that incorporated in June 2000 and began trading five months later as a licensed restaurant operating a takeaway. It closed in October 2008 and went into compulsory liquidation the following January.
HMRC opened an enquiry into the taxpayer’s personal return for the years ended April 2005 April 2006 and April 2007 on the basis there had been an underpayment of tax.
A pre-closure notice letter was issued to the taxpayer in January 2011 followed on 2 June by closure notices and a direction that the company would not have to pay outstanding PAYE and National Insurance.
Discovery assessment were issued under TMA 1970 s 29(5) for the years 2003/04 to 2008/09 in respect of income tax not collected by the closure notices.
The taxpayer appealed against the assessments saying he had legitimate expectation that the closure notices...
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