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Other cases that caught our eye: 14 February 2022

Carelessness of adviser acting on behalf of taxpayer

In J Callen v HMRC [2022] UKFTT 40 (TC) (4 February 2022) the FTT found that the taxpayer's adviser was ‘acting on his behalf’ and had been careless in submitting the taxpayer's returns in particular entering figures provided by a third party without adequate consideration. Therefore the discovery assessment was validly made. Read the decision.

Deductibility of payments in settlement of regulatory breaches

In ScottishPower (SCPL) Ltd and others v HMRC [2022] UKFTT41 (TC) (4 February 2022) the FTT held that payments made directly to customers affected by mis-selling were compensatory in nature and incurred wholly and exclusively for the purposes of the trade. Other redress payments made following regulatory breaches were fines or penalties (and not compensatory in nature) and were non-deductible on policy grounds. They were also not qualifying charitable donations. Read the decision.

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