Barlow v Revenue & Customs (for failure to take corrective action following service of Follower Notice) [2020] UKFTT 486 (TC) (30 November 2020)

Barlow v Revenue & Customs (for failure to take corrective action following service of Follower Notice) [2020] UKFTT 486 (TC) (30 November 2020)

It was not shown in all the circumstances that Mr Barlow acted reasonably in failing to take corrective action; however, the quality of his cooperation warrants a reduction of the penalty to 25% of the denied advantage.

Citation
[2020] UKFTT 486
Parties
Appellant: Raymond Barlow; Respondents: The Commissioners for Her Majesty’s Revenue & Customs
Jurisdiction
United Kingdom
Judgment Date
30 November 2020
Procedural Posture
Appeal / Final Judgment
Outcome
Penalties upheld; reduction applied
Legal Topics
Follower Notice Penalties, Finance Act 2014, Corrective Action, Penalty Reduction, Cooperation With HMRC

Case Brief

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Parties

Raymond Barlow

Appellant

The Commissioners for Her Majesty’s Revenue & Customs

Respondents

Procedural Posture

Appeal / Final Judgment

  1. 1 Whether it was reasonable in all the circumstances for the taxpayer not to have taken corrective action following service of Follower Notices
  2. 2 Whether the penalty reduction applied by HMRC was appropriate

Ratio Decidendi

It was not shown in all the circumstances that Mr Barlow acted reasonably in failing to take corrective action; however, the quality of his cooperation warrants a reduction of the penalty to 25% of the denied advantage.

Court Disposition

Penalties upheld; reduction applied

Orders

  • Penalties reduced to 25% of the denied advantage for each relevant tax year