Cullen v Revenue & Customs (INCOME TAX/CORPORATION TAX : Penalty) [2018] UKFTT 401 (TC) (17 July 2018)

Cullen v Revenue & Customs (INCOME TAX/CORPORATION TAX : Penalty) [2018] UKFTT 401 (TC) (17 July 2018)

Appellant did not take corrective action as required by law; penalty is due but reduced for limited co-operation in quantifying tax advantage.

Citation
[2018] UKFTT 401
Parties
Appellant: Robert Cullen; Respondents: The Commissioners for Her Majesty’s Revenue & Customs
Jurisdiction
United Kingdom
Judgment Date
17 July 2018
Procedural Posture
Income Tax Penalty Appeal / First Tier Tribunal (tax Chamber) Decision
Outcome
Appeal dismissed; penalty upheld but reduced.
Legal Topics
Follower Notice, Penalty for Failure to Take Corrective Action, Co Operation Reduction, Tax Avoidance Scheme
Tax Law Follower Notice Penalty for Failure to Take Corrective Action Co Operation Reduction Tax Avoidance Scheme

Case Brief

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Parties

Robert Cullen

Appellant

The Commissioners for Her Majesty’s Revenue & Customs

Respondents

Procedural Posture

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

Legal Issues

  1. 1 Whether appellant took corrective action in response to follower notice
  2. 2 Whether penalty should be reduced for co-operation

Ratio Decidendi

Appellant did not take corrective action as required by law; penalty is due but reduced for limited co-operation in quantifying tax advantage.

Court Disposition

Appeal dismissed; penalty upheld but reduced.

Orders

  • Penalty reduced to £30,800 due to partial co-operation.
  • Appellant liable to pay reduced penalty.