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30 June 2017
Issue: 7752 / Categories: Features , Tax
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Taxing matters

nlj_7752_vaines

Peter Vaines tackles penalties, prison & other principal residences

  • Failure to submit a zero return.
  • Doing time: an unexpected or unusual event?
  • New twist on principal private residence.

The case of Kaczmarczyk v HMRC TC 5744 has some hair-raising implications. Mr Kaczmarczyk was issued with a tax return but he did not send it back because he had no taxable income or gains for the year. However, HMRC still imposed a penalty of £3,500 for failing to submit a zero return. Their grounds derived from s 8 of TMA 1970, which says that the taxpayer ‘may be required by a notice given to him by an officer of the Board to make and deliver to the officer a return containing such information as may reasonably be required in pursuance of the notice’.

The tribunal held that upon receipt by a person of a notice under s 8, the recipient has an obligation to file a tax return for the year—and failure to do so gives rise to a penalty under Sch 55 of the Finance

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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