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Decision Number: TC 02549
Appellant: David Testa
Respondent: The Commissioners for Her Majesty's Revenue & Customs
Chairmen / Special
Commissioners:
Kevin POOLE
Date Of Decision: 18/02/2013
Main Category: INCOME TAX/CORPORATION TAX
Main Subcategory: Penalty
Notes: INCOME TAX – penalty for careless inaccuracy in self-assessment tax return under
schedule 24 Finance Act 2007 – carelessness admitted – suspension of penalty – HMRC
declined to suspend because of general policy not to suspend penalties for one-off errors –
HMRC also did not address suspension condition suggested by Appellant – proposal that
Appellant’s self assessment tax returns during next two years be submitted on his behalf by
suitably qualified professional adviser – whether HMRC’s decision was flawed – held yes –
appeal allowed and order made for HMRC to suspend penalty – no jurisdiction at this
stage to lay down terms of suspension, but indication given as to terms considered
appropriate
Decision(s) to Download: TC02549.pdf TC02549.pdf