Kudos to my chum Elaine Clark who wrote about the "smug arrogance of HMRC" as she says:
"They do get it wrong. Quite a lot in fact."Here is an extract of her article which can be read in full on CheapAccounting.co.uk:
"For many a year I have argued the point that a Director is not obligated by law to file a self assessment tax return.
I’ve argued this point with accountants, on forums, in blogs and with HMRC.
Well that’s simple … because that is the law.
You only have to complete a tax return if you meet certain conditions.
Being a Director is not one of those conditions.
First Tier Tax Tribunal
And it seems that the “big guns” at the First Tier Tax Tribunal agree.
The case of Mohammed Salem Kadhem and The Commissioners for Her Majesty’s Revenue and Customs examined the case of Mr Kadhem being fined for not filing a self assessment.
Mr Kadhem successfully argued that the fines were not valid as he didn’t need to file a self assessment for the year in question.
The Tribunal agreed with him.
HMRC got it wrong......
The best advice that I can give to anyone is not to assume that HMRC are right when the brown envelope falls on the doormat. They do get it wrong. Quite a lot in fact.
Always check their calculation, fines and penalties. Check that they have applied to law correctly."
Tax does have to be taxing.
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