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.

Penalty Appeal Successful As HMRC Information Notice Was Invalid

By Mark McLaughlin, November 2015
Summary

A company’s appeal against penalties for non-compliance with an HMRC information notice (under FA 2008, Sch 36, para 1) succeeded because the information notice was invalid.

Background

The appellant company (PML) provided accounting, tax and corporate services to contractors and consultants. An officer from HM Revenue and Customs (HMRC) wrote to PML in August 2012, stating that he was considering whether the arrangements existing between PML and its clients brought PML within the scope of the managed service company (MSC) legislation (in ITEPA 2003, Pt 2, Ch 9). 

HMRC requested an initial meeting with PML, and a review of its business records. Following subsequent correspondence between HMRC and PML and its agents, HMRC issued an information notice in November 2012, under FA 2008, Sch 36, para 1. PML eventually submitted 16 boxes of documents 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

HMRC guidance could be relied upon but appellant had not suffered serious detriment in doing so
By Mark McLaughlin, December 2019
Detailed analysis of directors’ loan account was reasonably required by HMRC
By Mark McLaughlin, December 2019
Discovery in respect of rollover relief claim on compulsory purchase was stale and invalid
By Mark McLaughlin, November 2019
Capital Allowances Claims Were Not Out Of Time Following Tax Return Enquiries
By Mark McLaughlin, August 2018
Penalties Due For Errors Resulting In Overstated Losses
By Mark McLaughlin, March 2015