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Tax Could Be Offset To Prevent Double Charge On The Same Profits

By Mark McLaughlin, August 2016
Background

The appellant was in the ‘transitional regime’ applicable to barristers moving from the cash basis to the ‘true and fair’ basis of recognising profits (under FA 1998, s 42) for the tax years 2005/06, 2006/07 and 2007/08.

Following a tax return enquiry by HM Revenue and Customs (HMRC), revised returns were submitted for the tax years 2005/06 to 2008/09. The correct application of the true and fair basis resulted in profits being decreased for 2006/07 and increased for 2005/06 and 2007/08.

The appellant’s overpayment relief claim for 2006/07 was rejected by HMRC as being out of time. Furthermore, HMRC raised discovery assessments for 2005/06 and 2007/08, on the basis that the appellant had been ‘careless’, and without taking account of the overpayment claim. The appellant appealed.

The primary issue was whether the
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