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.

Fixed protection notice applications submitted late were rejected

By Mark McLaughlin, May 2020

Applications for pensions fixed protection submitted late due to an administrative error were rejected and HMRC were entitled to exercise their discretion not to accept the applications. 

The appellants engaged a firm (AFH) to provide advice on their pensions. In June 2006, AFH sent a letter to AXA (the main provider of the appellants’ pensions) stating that they wished to apply for enhanced protection.

Following correspondence between AFH and AXA, in April 2008 a consultant with AFH (M) reached the view that the appellants should not apply for enhanced protection, on the basis that this would create a tax charge and the lifetime allowance at the time was sufficient. However, this decision was never communicated to the appellants.  

Subsequently, the question of enhanced protection was revisited but M was wrongly of the view that enhanced protection had already been obtained. As such, he gave no advice to the appellants about

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

Companies did not meet eligibility requirements for EIS relief
By Mark McLaughlin, October 2025
Filing delay exacerbated by HMRC’s electronic communications was reasonable excuse for late tax return
By Mark McLaughlin, August 2025
Taxpayer’s application to make late appeal against HICBC discovery assessments refused
By Mark McLaughlin, February 2024
AIM listed shares valued based on expert witness not on trading price
By Mark McLaughlin, December 2023
Project manager working through personal service company was caught by IR35 rules
By Mark McLaughlin, September 2021