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.

Terminal Illness Was Not Reasonable Excuse For Late Payment Of Tax

By Mark McLaughlin, October 2014
A taxpayer who was diagnosed with a terminal illness did not have a reasonable excuse for the late payment of tax, and his appeal against penalties was therefore dismissed.

The appellant filed his tax return for 2010/11 online on 6 January 2012, and chose to calculate his own tax liability. He subsequently incurred penalties for the late payment of his tax liability.

An appeal was lodged against the late payment penalties, on the grounds that the appellant had collapsed in July 2011, and was subsequently diagnosed as having a brain tumour. He stated that his illness prevented him from paying the tax liability by the due date. 

HMRC contended before the First-tier Tribunal (FTT) that for a taxpayer to demonstrate a reasonable excuse for failing to comply with their legal obligations, the individual must show that action had been taken to correct that breach of obligations as soon as possible. However,
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

Penalties For Late Returns, Etc: Daily Penalties Were Correctly Notified
By Mark McLaughlin, January 2015