King v Revenue and Customs (INCOME TAX - loan contractor scheme - validity of discovery assessments - s29(5) TMA) [2026] UKFTT 394 (TC) (13 March 2026)

King v Revenue and Customs (INCOME TAX - loan contractor scheme - validity of discovery assessments - s29(5) TMA) [2026] UKFTT 394 (TC) (13 March 2026)

HMRC demonstrated that, based on information available at the relevant times, a hypothetical officer could not reasonably have been expected to be aware of the insufficiency of tax; therefore, the condition in s29(5) TMA was met and the discovery assessments were valid.

Citation
[2026] UKFTT 394 (TC)
Parties
Appellant: Jonathan King; Respondents: The Commissioners for His Majesty's Revenue and Customs
Jurisdiction
United Kingdom
Judgment Date
13 March 2026
Procedural Posture
Income Tax Appeal / First Tier Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
Discovery Assessments, Contractor Loan Schemes, Tax Avoidance, Section 29 Taxes Management Act 1970, Employment Income

Case Brief

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Parties

Jonathan King

Appellant

The Commissioners for His Majesty's Revenue and Customs

Respondents

Procedural Posture

Income Tax Appeal / First Tier Tribunal Judgment

  1. 1 Validity of discovery assessments under s29(5) TMA
  2. 2 Adequacy of disclosure for s29(5) TMA
  3. 3 Taxability of contractor loan scheme payments as employment income

Ratio Decidendi

HMRC demonstrated that, based on information available at the relevant times, a hypothetical officer could not reasonably have been expected to be aware of the insufficiency of tax; therefore, the condition in s29(5) TMA was met and the discovery assessments were valid.

Court Disposition

Appeal dismissed

Orders

  • Discovery assessments upheld
  • Right to apply for permission to appeal within 56 days