The Commissioners for HM Revenue and Customs v David Goldsmith: [2019] UKUT 0325 (TCC)

Upper Tribunal Tax and Chancery decision of Mr Justice Fancourt and Judge Brannan on 4 November 2019.

Read the full decision in The Commissioners for HM Revenue and Customs v David Goldsmith: [2019] UKUT 0325 (TCC).

INCOME TAX – penalty charged under paras 1 and 3, Schedule 55 Finance Act 2009 – whether taxpayer liable to a penalty for failure to submit a tax return under s.8(1) Taxes Management Act 1970 (“TMA”) – appeal allowed by First-tier Tribunal on basis that penalties were invalid because the decision to require a return did not fall within the power in s.8(1)TMA – whether Tribunal had jurisdiction to consider that argument – whether Tribunal entitled to reduce penalty because of special circumstances.

Published 4 November 2019