You might also be interested in
Replies (4)
Please login or register to join the discussion.
Leave it be
I agree. This Firm has only had cause once in 30 years to revert to Equitable Liability, but it would have been a travesty had that ultimate safeguard not been available.
This appears to me to be an ultimate safeguard to be able to put things right, when otherwise a strict interpretation of legislation would have brought an unintended and unreasonable result. Leave it there.
equitable ?
HMRC does argue that the introduction of self assessment changed the rules here (in that you will not have the same problem of unappaled estimated assessments) but it seems to me that TaxAid are the people with experience here and need to be listened to.
What fairness?
John Newth is quite right and once again HMRC is hitting the weakest members of the taxpaying society, or more likely those who should not be taxpayers. I used this 'concession' many years ago, when it was an unpublicised way of obtaining fairness in what is often an unfair regime, and it needs to be preserved.
Invalid reasons
HMRC have stated invalid reasons for withdrawing the concession of Equitable Liability, and I have made my protest to their representative.
The decision will hit hardest those taxpayers who can least defend themselves, and cannot afford expensive professional fees. Bodies such as TaxAid and the LITRG, in their valuable work, will be badly affected. More to the point, taxpayers not able to take advantage of the Concession will be made bankrupt. lose their homes and suffer other financial indignities.
Years ago when I was in practice, I took on such a case pro bono. The taxpayer had already been to the Commissioners twice and had failed. We managed to invoke equitable iiability, and the taxpayer paid 'the correct amount of tax' in the end. Now where have I heard that phrase before?
The HMRC decision heralds yet another step toward a much harsher regime. No wonder the concept of a so-called Taxpayers Charter is undergoing so much debate!