Marano (appellant) v HM Revenue & Customs (respondent)
Tuesday 16 July 2024
By appellant’s notice filed on 24 October 2023, the taxpayer appeals a decision of the Upper Tribunal (Tax and Chancery Chamber), which allowed his appeal against the First Tier Tribunal decision on one ground only.
Background – The First Tier Tribunal confirmed a discovery assessment in the amount of £5,744,219 and upheld a series of penalties issued under Schedule 55 to the Finance Act 2009 (“Sched 55”) for the failure by the taxpayer to file a self-assessment tax return for the tax year 2012-13. The penalty assessment did not take account of the voluntary prepayment, or of payments on account of his 2012/13 tax liability in the sum of £29,993.69 made under s.59A TMA. The FTT decided that the voluntary disclosure and prepayment did not amount to special circumstances under Sched 55 para 16 justifying a reduction in the amount of the penalties.
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