In ME Robins v HMRC (TC02902 – 14 October) an accountant notified HMRC on 24 January 2012 that his client (R) had incurred ‘current year losses’ which he wished to set against his profits for 2010/11. In May 2012 R submitted his 2011/12 return. In the meantime HMRC had imposed a penalty for failure to pay the 2010/11 tax by the due date of 31 January 2012. The First-tier Tribunal dismissed R’s appeal against the penalty. Judge Cornwell-Kelly held that TMA 1970 s 42(1A) required a claim to be quantified. Therefore the letter of 24 January 2012 could not be treated as a claim.
Why it matters: The First-tier Tribunal upheld HMRC’s contention that the appellant was liable to a penalty for failing to pay the tax due for 2010/11 by 31 January 2012 even though the tax liability was...
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