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G Yablon (TC5539)
Late application for enhanced protection
The taxpayer applied for enhanced protection for his pension (FA 2004 Sch 36 para 12). He should have told HMRC of his intention by 5 April 2009 but the notice was submitted in February 2015. HMRC refused the application on the ground that the taxpayer had no reasonable excuse for the delay. He appealed.
The First-tier Tribunal accepted that the taxpayer had no detailed knowledge of pensions. However the judge concluded that he had been aware that ‘material sums of money’ depended on his obtaining protection that action was required by 5 April 2009 and that this involved him signing a form that his adviser would send him. These points were not difficult to understand and a reasonable taxpayer would have checked with his advisers that progress was being made. The tribunal was not satisfied that he had done this.
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