In J Cameron v HMRC (TC00415 – 26 March) a farmer (C) sold some of his assets in 2005/06. In August 2006 he submitted his 2005/06 tax return. In November 2006 he set up a charitable trust and in January 2007 he made a substantial payment to the trustees. Later that month he submitted an amended 2005/06 tax return claiming to carry back gift aid relief in respect of this payment against his income and gains for 2005/06. HMRC rejected the claim on the basis that the legislation specifically provided that such a claim could only be made in C's original return and could not be made in an amended return. C appealed. The First-Tier Tribunal dismissed the appeal. Judge Hellier observed that 'common sense and fairness appear to be on the taxpayer's side' but held...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
In J Cameron v HMRC (TC00415 – 26 March) a farmer (C) sold some of his assets in 2005/06. In August 2006 he submitted his 2005/06 tax return. In November 2006 he set up a charitable trust and in January 2007 he made a substantial payment to the trustees. Later that month he submitted an amended 2005/06 tax return claiming to carry back gift aid relief in respect of this payment against his income and gains for 2005/06. HMRC rejected the claim on the basis that the legislation specifically provided that such a claim could only be made in C's original return and could not be made in an amended return. C appealed. The First-Tier Tribunal dismissed the appeal. Judge Hellier observed that 'common sense and fairness appear to be on the taxpayer's side' but held...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
2734558d-601b-48a3-8ae3-ae3513a00429.tmb-editorspic.jpg?sfvrsn=1fc4692d_1)
