In HMRC v David Goldsmith [2019] UT 0325, the Upper Tribunal (UT) decided that HMRC may issue a notice to file a tax return in order to collect a PAYE debt. The taxpayer's appeal against late filing penalties was rejected on the basics: he had failed to appeal the amount of the penalty.

The First Tier Tribunal (FTT) found that:

The FTT went on to decide that the penalties were not valid because the Returns were not issued under s8(1) TMA 1970, but to create an enforceable debt. This was not an argument advanced by the taxpayer. Alternatively, special circumstances applied:  

The FTT reduced the penalties to nil.

HMRC appealed to the Upper Tribunal (UT).

The UT considered the FTT's reasoning and the compared these to another FTT decision, Stuart Crawford v HMRC [2018] TC6594, where Judge Mosedale had interpreted s8 differently:

The UT concluded that they preferred Judge Mosedale's analysis: HMRC was entitled to issue a s8 notice to file in order to assess a liability,

In considering whether it had any other powers to adjust the penalties charged, the UT found that the taxpayer had failed on the basic requirement to appeal the amount of the penalty. It could not therefore consider special circumstances and adjust the penalty.

Comment

How horribly harsh for the taxpayer! How on earth did we engineer a modern penalty system that is so difficult to interpret.

Our topical guides

How to appeal a tax penalty
This guide is designed to avoid this kind of outcome: it takes you through the essential steps in lodging a successful appeal and if followed should ensure that you 'tick the boxes' for each element of the appeal.

Grounds for appeal: HMRC error or flaw
When can an error, mistake or procedural flaw made by HMRC provide a valid ground for making an appeal? 

Late Filing Penalties
Which penalties apply, why and when and how they interact: Schedule 55 of Finance Act 2009.

External Links

UT decisions HMRC v David Goldsmith [2019] UT 0325

FTT decision David Goldsmith v HMRC [2018] TC062