This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

First-Tier Tribunal’s Approach To Reasonable Excuse Upheld

By Mark McLaughlin, September 2018
The Upper Tribunal held that the First-tier Tribunal’s decision that the appellant’s initial reasonable excuse for the late filing of her tax return for 2010/11 ceased and the failure was not remedied without unreasonable delay after such cessation could not be overturned, as no error of law was made. 

The appellant mistakenly believed that she had successfully filed her 2010/11 tax return online on 2 January 2012. However, she did not complete the final step in the submission process and as a result, the return was not filed. HM Revenue and Customs (HMRC) imposed late filing penalties. 

The appellant wrote to HMRC and appealed against the penalties, on the basis that she had already filed the return. Following further correspondence, HMRC wrote to the appellant on 31 August 2012, stating: ‘It would appear you have filed your 2010/11 tax return but to the 2011/12 tax year. You still therefore need to
Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Trustees Of Interest In Possession Trust That Mandated Income Were Not Liable For Penalties
By Mark McLaughlin, February 2019
Company Director Was Not Required To Register For Self-Assessment
By Mark McLaughlin, January 2019
Taxpayer Was Not A Partner In A Partnership
By Mark McLaughlin, December 2018
HMRC Failed To Prove Filing Notice Was Given To Taxpayer
By Mark McLaughlin, November 2018
Penalties For Late Return - Delay In Obtaining Agent Authorisation Code Was Not A Reasonable Excuse
By Mark McLaughlin, February 2015