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Optrak Distribution Software Ltd v Revenue & Customs (Income Tax/Corporation Tax : Penalty); FTTTx 11 Jun 2015

References: [2015] UKFTT 279 (TC)
Links: Bailii
PAYE. Penalty under Schedule 56 Finance Act 2009 for late payment. The Income Tax (Pay As You Earn) Regulations 2003 (S.I. 2003/2682). Whether appellant can choose to allocate to previous tax year the liability arising under regulations 68 and 69.
Held: No. Whether penalty should be cancelled for unfairness because HMRC did not notify penalties until after end of tax year.
Held: No, following Hok Limited [2012] UKUT 363 (TCC). Whether penalty should be cancelled for disproportionality or for being unduly onerous.
Held: No, following Hok Limited [2012] UKUT 363 (TCC). No reduction for special circumstances. No reasonable excuse on the facts.
Statutes: Finance Act 2009 56

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