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Injury of company’s sole director was not a reasonable excuse to admit a late appeal

By Mark McLaughlin, March 2021

The injury of a company’s sole director was not a reasonable excuse to allow the admission of a late appeal against penalties for the late filing of a corporation tax return. 

HM Revenue and Customs (HMRC) issued penalties for the late filing of its corporation tax self-assessment return for the accounting period ended 28 February 2018. The appellant failed to follow the correct procedure for its appeal and appealed directly to the First-tier Tribunal (FTT). An appeal was not filed with the FTT until 1 June 2020, meaning that the appeal was late. HMRC objected to the appeal on grounds of lateness.  

The main issues for the FTT were: (a) whether the appellant could show a reasonable excuse for the long delay in filing its notice of appeal; and if the appeal were permitted to proceed as a late appeal,

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