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Too far either side
Key points
- As soon as there has been a failure to comply with an information notice a taxpayer is automatically ‘liable’ for a fixed penalty.
- HMRC can apply to the Upper Tribunal for a tax-related penalty as soon as a taxpayer has become liable for a fixed penalty and there is a continued failure to comply with the information notice.
- The key question was whether HMRC had the power to vary the date for compliance with an information notice.
- The Upper Tribunal appeared to agree with the taxpayer that HMRC does not have the power to extend the deadline but did so obiter dicta as it didn’t need to express a definitive view.
- HMRC had no reasonable prospect of succeeding with their application for a tax-related penalty as either they issued it too soon (before the deadline to comply with the information notice had expired) or...
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