Greene v Revenue and Customs (INCOME TAX - pensions - unauthorised payments charge) [2024] UKFTT 872 (TC) (26 September 2024)

Greene v Revenue and Customs (INCOME TAX - pensions - unauthorised payments charge) [2024] UKFTT 872 (TC) (26 September 2024)

The Tribunal found that the discovery assessment was validly made as the HMRC officer formed a reasonable belief of a tax insufficiency based on available information. Mr Greene failed to provide sufficient evidence to demonstrate that the payment he received was not an unauthorised payment. Consequently, the assessment stands, subject to the agreed reduction in quantum.

Citation
[2024] UKFTT 872 (TC)
Parties
Appellant: James Greene; Respondents: The Commissioners for His Majesty's Revenue and Customs
Jurisdiction
United Kingdom
Judgment Date
26 September 2024
Procedural Posture
Income Tax Appeal / First Tier Tribunal (tax Chamber) Final Judgment
Outcome
Appeal dismissed in substance; assessment reduced to agreed amount.
Legal Topics
Income Tax, Pensions, Unauthorised Payments Charge, Discovery Assessment, Burden of Proof, Valuation, Cooling Off Period
Tax Law Income Tax Pensions Unauthorised Payments Charge Discovery Assessment Burden of Proof Valuation Cooling Off Period

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Parties

James Greene

Appellant

The Commissioners for His Majesty's Revenue and Customs

Respondents

Procedural Posture

Income Tax Appeal / First Tier Tribunal (tax Chamber) Final Judgment

Legal Issues

  1. 1 Whether the discovery assessment under s 29 TMA 1970 was validly made
  2. 2 Whether Mr Greene was overcharged by the assessment for unauthorised pension payments

Ratio Decidendi

The Tribunal found that the discovery assessment was validly made as the HMRC officer formed a reasonable belief of a tax insufficiency based on available information. Mr Greene failed to provide sufficient evidence to demonstrate that the payment he received was not an unauthorised payment. Consequently, the assessment stands, subject to the agreed reduction in quantum.

Court Disposition

Appeal dismissed in substance; assessment reduced to agreed amount.

Orders

  • The assessment is reduced to £14,592.
  • Otherwise, the appeal is dismissed.