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.

Discovery assessments invalid as statutory conditions were not met

By Andrew Needham, November 2021

HMRC was not entitled to make discovery assessments relating to a redundancy receipt, as the taxpayer’s self-assessment return was not submitted carelessly, and the relevance of Real Time Information data would be known to a hypothetical HMRC officer. 

On 23 November 2013, the appellant was made redundant by his former employer (Symantec). Symantec provided electronic payslips to employees, but following his redundancy, the appellant no longer had access to them.  

The appellant had always paid income tax under PAYE and had never been required by HM Revenue and Customs (HMRC) to file a tax return. However, as he believed that too much tax had been deducted from his pay in the tax year 2013/14, he filed a tax return electronically on 21 March 2016. HMRC paid the appellant a tax refund of £14,043. <> <

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’s decision to impose late payment penalties was flawed
By Mark McLaughlin, August 2024
Discovery assessments issued to taxpayer were not protected assessments
By Mark McLaughlin, February 2024
Release of overdrawn directors’ loan account occurred upon execution of a settlement agreement
By Mark McLaughlin, May 2023
Dividends declared but withheld and unpaid were not taxable income
By Mark McLaughlin, February 2023
HMRC did not prove additional sales from till rolls
By Mark McLaughlin, September 2022