In C Ryan v HMRC (Upper Tribunal – 10 January) an individual (R) completed a lease as tenant in May 2007 and became obliged to render a land transaction return under FA 2003 s 76. He did not render the return until June 2009 and HMRC imposed a penalty under FA 2003 Sch 10 para 3. R appealed contending that he had not been aware of the obligation to make a land transaction return. The First-tier Tribunal dismissed his appeal holding that there was no reasonable excuse for the default and the Upper Tribunal upheld this decision. Judge Bishopp observed that ‘the purpose of the legislation would be defeated if a penalty could be escaped by the expedient of placing the blame on a dilatory solicitor’.
Why it matters: The Tribunal held that reliance on...
