.png)
.png)
C V Lott (TC4060)
The taxpayer put £30,000 in to a self-invested personal pension in January 2011 and included the sum in her tax return.
HMRC carried out an enquiry and ruled the brought the taxpayer within the special annual allowance charge under FA 2009, Sch 35, which applied for 2009/10 and 2010/11 to people who earned more than £130,000.
She accepted that the charge applied but insisted the rules were confusing and that nothing on the return indicated how the amount should be treated.
The matter went to the First-tier Tribunal, which said the taxpayer’s belief and the advice she received “did not coincide” with the law.
The Revenue made no allegations that she had behaved in an underhand way. The matter was simply whether the charge was correct. It was irrelevant that tax officials had agreed that the law confusing. The charge was correct.
The taxpayer’s appeal was dismissed.
