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Spring 2010 Newsletter


Content

Leading article...

We can't go on like this...

General tax...

The name is Bond

Blessed are the givers

Excuses, excuses

PAYE the penalty

Silver and gold

Moving goalposts

Doctor, doctor...

Something phishy

Pension problems

Tax dot com

Unpleasant discoveries

Fair's fair (at last)

Chartered taxpayers

This year, next year

VAT...

Focus your mind

Flat rates aren't flat

Reverse the charges

Flapjack flash

Ready set ECSL

A lofty idea

Law items...

I want my lawyer

Not on my holiday

A grey area

No difference

Unpleasant discoveries


When you have filed your tax return, you hope that's the end of that. The taxman has a year to raise routine questions, and then it ought to be done and dusted. Unfortunately, it isn't that simple - HMRC still have the right to ask for more tax if they make a "discovery" by 31 January 5 years and 10 months after the tax year. They can't use this power if the return contained enough information for them to appreciate what had happened when it was submitted, but if it didn't, the taxpayer has no protection.

In a recent case, the taxpayer treated an "offshore bond" - fully taxable at 40% - as if it had been a UK investment, only taxable at higher rates of income tax. The Tribunal agreed that this was an innocent error, but there hadn't been anything in the tax return to alert the Inspector. The law was complicated, but the taxpayer should have recognised that and taken advice to be sure that the return was correct. The extra tax had to be paid.

It's important not only to check that the numbers in a tax return are as accurate as possible, but also to think whether any words should go with them to try to get protection against discovery. "Hoping the taxman never finds out" is not a safe strategy.