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England and Wales Case Law

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Tax law

Jaroslaw Krason v The Commissioners for HMRC

The Tribunal allowed Mr Krason’s appeal against £224,750 in tax penalties, finding he did not act deliberately, conceal inaccuracies, or behave carelessly.

  • Income tax
  • Penalties
  • Deliberate inaccuracy
  • Carelessness
  • Reliance on professional advice
  • Tax-penalties
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Tax law

John Smith v The Commissioners for HMRC

The tribunal upheld most income tax and VAT assessments against John Smith, finding he continued the accountancy business after its 2003 sale and acted deliberately.

  • Income tax
  • Vat
  • Discovery assessments
  • Penalties
  • Best judgment assessments
  • Abuse of process
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Tax law

W. Reilly Limited v The Commissioners for HMRC

VAT appeal allowed. The tribunal held HMRC proved the assessments were in time, but failed to show the appellant should have known its supplies were linked to VAT fraud.

  • Value added tax
  • Input tax deduction
  • Fraudulent evasion of vat
  • Statutory time limits
  • Due diligence
  • Penalties
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Tax law

Gerrit Wals v The Commissioners for HMRC

The First-tier Tribunal allowed an appeal against Schedule 55 late-filing penalties after finding no notices to file had been served and the returns were voluntary.

  • Income tax
  • Penalties
  • Late filing
  • Voluntary returns
  • Statutory notices
  • Income-tax
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Tax law

Gentiana Zefi v The Commissioners for HMRC

Notification of liability for HICBC under section 7 TMA must be in writing; oral notification to the Child Benefit Office does not satisfy the statutory requirement. The appellant failed to notify liability, and assessments and penalties were validly made and in time. No reasonable excuse or special circumstances were established.

  • High income child benefit charge
  • Failure to notify liability
  • Discovery assessments
  • Penalties
  • Reasonable excuse
  • Notification requirements
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Tax law

Yasir Badoume v The Commissioners for HMRC

The appeal is dismissed because the expense claims were unsupported, based on a false legal premise, and the Appellant failed to discharge the burden of proof. Discovery assessments and closure notice were valid, and penalties are justified for careless conduct.

  • Employee expenses
  • Discovery assessments
  • Penalties
  • Closure notice
  • Burden of proof
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.