Query on time limits

Query on time limits

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Our client told us that he had underclaimed his expenses for hire of equipment going back to 2009.

We asked the revenue to amend the returns which they have done so but have now said that his state pension was not put on his 2009 return,

It appears it wasn't,

Can they go back to amend without an enquiry?

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By eastangliantaxadvisor
08th Aug 2012 15:45

Question - would HMRC have known about the state pension?

 

HMRC may make a ‘discovery assessment’ to make good a loss of tax due to non-disclosure, if:

the loss of tax is due to the taxpayer’s fraudulent or negligent conduct; orHMRC could not reasonably be expected to identify the loss of tax from the information made available.

SO, was the taxpayer or accountant neglident in not discloising the state pension? If the payer was over pension age I would argue that this would be the case, and therefore, HMRC are in time to assess.

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