No need to set aside lower tribunal’s decision

The taxpayer had built up a large pension fund which exceeded the lifetime allowance (£1.5m) as at 6 April 2006 (A day). He relied on a longstanding adviser Mr Y to send form APSS200 to HMRC to obtain primary and enhanced protection so that he would not be subject to the lifetime allowance charge. The deadline for submission of that form was 5 April 2009.

In June 2015 a new adviser at the same firm as Mr Y suspected the form had not been submitted and in July HMRC confirmed this was the case. After some investigations in October the adviser told the taxpayer that HMRC had not received the form. On the same day the taxpayer appointed a solicitor Mr A to investigate a possible negligence claim.

Eventually in December 2016 the taxpayer filed a completed form. HMRC...