In HMRC v E Walker [2016] UKUT 32 (1 February 2017) the UT found that once the FTT had found that the taxpayer was entitled to a smaller repayment than the one actually claimed it should have amended its return.
Mr Walker was a contractor in the construction industry. Following an enquiry HMRC had issued a closure notice against which the taxpayer had appealed.
Although the FTT had found in favour of the taxpayer it had found that he was entitled to a smaller repayment than the one made to him but it had decided that it had no power to amend his return under TMA 1970 s 50(6) and (7). HMRC challenged this conclusion as to the FTT’s power to amend returns.
The UT noted that the rights of the taxpayer and HMRC in relation to payment and repayment are determined by the contents of...
