Discovery upheld

Insufficient reasons for incorrect self-assessment tax returns

The taxpayers carried on a business in partnership but lodged appeals against assessments made on them as individuals. Although there was some dispute about the facts the First-tier Tribunal held that the three individuals had as joint owners acquired and then disposed of a property in Dubai. They claimed that they had in effect made a general investment into a property portfolio and the sums received were in part repayments of interest.

The assessments raised were discovery assessments and the burden of proof was on HMRC to show that the conditions were met; in other words there had been a loss of tax brought about by the taxpayer’s deliberate behaviour. The tribunal agreed that the burden had been met. It found that the taxpayers knew that they had sold a property and deliberately omitted...