Ho v Revenue & Customs (INCOME TAX - self-assessment) [2019] UKFTT 343 (TC) (31 May 2019)

Ho v Revenue & Customs (INCOME TAX - self-assessment) [2019] UKFTT 343 (TC) (31 May 2019)

The Tribunal found that HMRC's assessments and penalties were justified based on Mr Ho's own admissions of sales suppression to his accountants, corroborated by contemporaneous records and the lack of credible alternative evidence from Mr Ho. The Tribunal accepted HMRC's methodology and concluded that the threshold conditions for discovery were met, the assessments were valid, and the penalties for negligent and deliberate conduct were appropriate.

Citation
[2019] UKFTT 343
Parties
Appellant: Stephen Yuen Kwan Ho; Respondents: The Commissioners for Her Majesty's Revenue & Customs
Jurisdiction
United Kingdom
Judgment Date
31 May 2019
Procedural Posture
Income Tax Self Assessment Appeal / First Tier Tribunal (tax) Substantive Decision
Outcome
Appeal dismissed
Legal Topics
Income Tax, Self Assessment, Discovery Assessments, Penalties, Suppression of Sales, Burden of Proof, Presumption of Continuity
Tax Law Income Tax Self Assessment Discovery Assessments Penalties Suppression of Sales Burden of Proof Presumption of Continuity

Case Brief

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Parties

Stephen Yuen Kwan Ho

Appellant

The Commissioners for Her Majesty's Revenue & Customs

Respondents

Procedural Posture

Income Tax Self Assessment Appeal / First Tier Tribunal (tax) Substantive Decision

Legal Issues

  1. 1 Whether HMRC's closure notice and discovery assessments for tax years 2006-07 to 2011-12 are valid and correct
  2. 2 Whether penalties for negligent and deliberate conduct are justified
  3. 3 Whether sales were suppressed and if so, to what extent

Ratio Decidendi

The Tribunal found that HMRC's assessments and penalties were justified based on Mr Ho's own admissions of sales suppression to his accountants, corroborated by contemporaneous records and the lack of credible alternative evidence from Mr Ho. The Tribunal accepted HMRC's methodology and concluded that the threshold conditions for discovery were met, the assessments were valid, and the penalties for negligent and deliberate conduct were appropriate.

Court Disposition

Appeal dismissed

Orders

  • Closure notice and discovery assessments for tax years 2006-07 to 2011-12 stand good
  • Penalties for negligent and deliberate conduct confirmed