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K Graham v HMRC

In K Graham v HMRC [2018] UKFTT 661 (9 November 2018) the FTT allowed an appeal against a penalty imposed for non-payment of an advance payment notice (APN).

Mr Graham had participated in a tax avoidance scheme promoted by NT Partners. HMRC opened an enquiry into his return in relation to the entry of an amount of interest of £200 000 claimed to be ‘qualifying loan interest payable in the year’. This was followed by the issue of an APN requiring Mr Graham to pay £53 607 by 21 August 2015. Mr Graham telephoned HMRC explaining that he could not pay the amount his company was in a company voluntary arrangement (CVA). HMRC suggested that he put in place a payment plan which might involve the sale of assets.

Negotiations continued and Mr Graham did not pay the tax due under the APN. A penalty was issued and...

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