Hurt v Revenue & Customs (High Income Child Benefit Charge penalty) [2020] UKFTT 390 (TC) (06 October 2020)

Hurt v Revenue & Customs (High Income Child Benefit Charge penalty) [2020] UKFTT 390 (TC) (06 October 2020)

The appellant did not have a reasonable excuse for failing to notify liability to the HICBC, as the Child Benefit claim form clearly set out the requirements and the law was sufficiently publicised. The penalty was correctly calculated and applied by HMRC, with maximum discounts for disclosure.

Citation
[2020] UKFTT 390 (TC)
Parties
Appellant: Michael Hurt; Respondents: The Commissioners for Her Majesty’s Revenue and Customs
Jurisdiction
United Kingdom
Judgment Date
06 October 2020
Procedural Posture
Tax Penalty Appeal / First Tier Tribunal (tax Chamber) Decision
Outcome
Appeal dismissed
Legal Topics
High Income Child Benefit Charge, Failure to Notify Liability, Reasonable Excuse, Tax Penalties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Michael Hurt

Appellant

The Commissioners for Her Majesty’s Revenue and Customs

Respondents

Procedural Posture

Tax Penalty Appeal / First Tier Tribunal (tax Chamber) Decision

  1. 1 Whether the appellant had a reasonable excuse for failing to notify liability to the High Income Child Benefit Charge (HICBC)
  2. 2 Whether the penalty imposed under Schedule 41 to the Finance Act 2008 was correctly applied

Ratio Decidendi

The appellant did not have a reasonable excuse for failing to notify liability to the HICBC, as the Child Benefit claim form clearly set out the requirements and the law was sufficiently publicised. The penalty was correctly calculated and applied by HMRC, with maximum discounts for disclosure.

Court Disposition

Appeal dismissed

Orders

  • The penalty assessment is affirmed.