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Assan Khan v HMRC

In Assan Khan v HMRC (TC03159 – 19 December 2013) the tribunal had to decide whether HMRC should be directed to issue a closure notice thereby ending an enquiry into a taxpayer’s return which had been ongoing for two and a half years.

The tribunal noted that Mr Khan’s business was substantial; he managed a portfolio of 22 properties producing an annual rental income of £335 000. Mr Khan must therefore have had the skills and available resources to produce records of his business yet his disclosures had not been adequate or timely. However the tribunal also accepted that the length of the enquiry was also due to poor administration by HMRC and the probable mishandling of the taxpayer’s documents.

The tribunal concluded that HMRC must not be forced to close an enquiry when significant information still needed to be provided but that imposing a long stop...

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