Tax does have to be taxing.
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HMRC have been given a sound, and well deserved kicking!Incredible and justified attack on HMRC's "institutional— John Andrews (@jmalitrg) September 18, 2017
incompetence and inefficiency" by Upper Tribunal judge..https://t.co/p1boTU4dA4
"1. Well, here we go yet again.
2. I used the phrase “Well, here we go again” with a sense of frustration, bordering on despair, to open my decision in NI v HMRC [2015] UKUT 160 (AAC), a case in which I criticised Her Majesty Revenue and Customs (HMRC) for both its decisionmaking processes and its conduct of appeals in relation to tax credits claims. That phrase has been echoed in other tribunal jurisdictions where HMRC’s conduct has come under similar critical scrutiny: see e.g. Pandey v Revenue and Customs (Income Tax/Corporation Tax: Penalty) [2017] UKFTT 216 (TC).
3. So, yes, in short this is yet another sorry tale of HMRC institutional incompetence and inefficiency which could well have led to injustice, were it not for the persistence of the Appellant.
A summary of Upper Tribunal’s decision 4. I am allowing the Appellant’s appeal to the Upper Tribunal. The First-tier Tribunal (“the FTT”)’s decision involves an error on a point of law. That Tribunal’s decision is set aside. Fortunately I can make the decision that the FTT should have made and do so. Although this is now a supported appeal, I am giving my reasons in some detail as a warning to Tribunals handling tax credit appeals as to what to look out for in other cases......
..I readily admit that the statement in the grant of permission that “regrettably on past experience the fact of the matter is I am not at all confident that all relevant evidence was presented to the Tribunal by HMRC” was ‘economical with the actuality’. The truth was I had no confidence whatsoever that HMRC had complied with its disclosure obligations under rule 24(4)(b) of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 (SI 2008/2685).....
..Bitter, albeit anecdotal, experience in other appeals makes me conclude it is more likely that HMRC mislaid the documents than the Royal Mail lost them..."
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Professional Cover Against the Threat of Costly TAX and VAT Investigations
What is TAXWISE?
TAXWISE is a tax-fee protection service that will pay up to £75,000 towards your accountant's fees in the event of an HM Revenue & Customs full enquiry or dispute.
To find out more, please use this link Taxwise
Tax Investigation for Dummies, by Nick Morgan, provides a good and easy to read guide for anyone caught up in an HMRC tax investigation. A must read for any Self Assessment taxpayer.
Click the link to read about: Tax Investigation for Dummies
HMRC Is Shite (www.hmrcisshite.com), also available via the domain www.hmrconline.com, is brought to you by www.kenfrost.com "The Living Brand"