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Follower notice penalties upheld as the taxpayer’s failure to take corrective action was not reasonable

By Mark McLaughlin, February 2026

The taxpayer’s failure to take corrective action following the issue of follower notices was not reasonable in all the circumstances, and penalties imposed for non-compliance were proportionate and were upheld.  

The appellant participated in a tax avoidance scheme marketed by a firm of tax consultants (Montpelier’).  The scheme was said to be exempt from UK tax income received by the appellant as a trust beneficiary on the basis that it was the within paragraph 3(2) of the UK-Isle of Man double taxation arrangements. However, the scheme was found not to have worked in Huitson v HMRC [2015] UKFTT 448 (TC). 

The appellant should have taken corrective action by the following steps: (1) Amending his self-assessment return to counteract the denied advantage; and (2) Notifying HM Revenue

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