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Ignorance an excuse for non-compliance?

30 April 2019 / Helen Adams
Issue: 4693 / Categories: Comment & Analysis
Is ignorance ever reasonable?

Key points

  • Is there a reasonable excuse for a failure to notify file or pay tax on time?
  • A reasonable excuse can result in no penalties if a failue is rectified without undue delay.
  • Although case law is variable and fact specific ignorance may be a reasonable excuse.
  • Does the taxpayer’s situation turn on a complex point rather than a simple matter such as the basic obligation to file a tax return?
  • Ignorance may be a reason for a failure to correct by 30 September 2018 but much will depend on what the taxpayer knew.
  • Did the ignorance relate to the requirement to correct or to existence of an understatement of UK tax?

Everyone will have a reaction to the question posed by this article’s title. No doubt readers’ answers may vary and tax professionals will probably add a caveat: ‘Well it depends on the facts or circumstances…’ We are all aware that...

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