Fixed protection 2012 was a valuable right which allowed taxpayers to retain their lifetime allowance at 2012 rates rather than be subject to reductions in the limit in subsequent years. In The executors of D Harrison (deceased) and another [2021] UKUT 273 (TCC) (5 November 2021) the taxpayer failed to make the election for fixed protection within the specified time limit and HMRC refused to accept a late claim. The taxpayer argued that the legislation gave him a right of appeal against HMRC’s decision not to use its discretionary powers to admit a late appeal. HMRC argued that the appeal right was solely concerned with whether the conditions for fixed protection were met. There was no right appeal against the way that HMRC had exercised its discretion: that was a matter for judicial review. The case is a useful reminder that...
