Chapman v Revenue & Customs (CAPITAL GAINS TAX/TAXATION OF CHARGEABLE GAINS : Other) [2018] UKFTT 409 (TC) (23 July 2018)

Chapman v Revenue & Customs (CAPITAL GAINS TAX/TAXATION OF CHARGEABLE GAINS : Other) [2018] UKFTT 409 (TC) (23 July 2018)

The appellant’s circumstances—being unaware of the new reporting requirement and the disposal being a one-off event—did not amount to special circumstances as defined by law. HMRC’s approach was not flawed, and the penalties were properly imposed.

Citation
[2018] UKFTT 409
Parties
Appellant: Mark Chapman; Respondents: The Commissioners for Her Majesty’s Revenue & Customs
Jurisdiction
United Kingdom
Judgment Date
23 July 2018
Procedural Posture
Appeal / First Tier Tribunal Determination Without a Hearing
Outcome
Appeal dismissed
Legal Topics
Capital Gains Tax, Non Resident Capital Gains Tax Return, Penalties for Late Filing, Special Circumstances, Reasonable Excuse

Case Brief

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Parties

Mark Chapman

Appellant

The Commissioners for Her Majesty’s Revenue & Customs

Respondents

Procedural Posture

Appeal / First Tier Tribunal Determination Without a Hearing

  1. 1 Whether penalties for late filing of a non-resident capital gains tax return should be reduced or cancelled due to special circumstances.

Ratio Decidendi

The appellant’s circumstances—being unaware of the new reporting requirement and the disposal being a one-off event—did not amount to special circumstances as defined by law. HMRC’s approach was not flawed, and the penalties were properly imposed.

Court Disposition

Appeal dismissed

Orders

  • Penalties for late filing of non-resident capital gains tax return upheld.