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M Gammell (TC8035)
The taxpayer retired in 2010. He had appointed a financial adviser in 2001 but received no advice about enhanced protection against a lifetime allowance charge. In 2015 he found a new adviser who alerted him to the failure to apply for enhanced protection but did not tell him he could make a late application – given that the deadline was 5 April 2009. When the adviser told the taxpayer he could make a late claim he did so in December 2016.
HMRC rejected the application.
The taxpayer appealed.
The First-tier Tribunal noted that HMRC had accepted the taxpayer had a reasonable excuse for the failure to apply for enhanced protection by the due date. This was that he had reasonably relied on a professional adviser whom he had believed to be competent. However the department considered the taxpayer had not acted without unreasonable delay having realised the problem. The...
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