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United European Gastroenterology Federation v HMRC

In United European Gastroenterology Federation v HMRC (TC02698 – 17 May) an association made significant underdeclarations of output tax in three successive returns. It notified HMRC of the errors after HMRC had arranged a visit to inspect its records. HMRC imposed penalties under FA 2007 Sch 24 calculated at the rate of 15% of the potential lost revenue. The First-tier Tribunal dismissed the association’s appeal. Judge Poole observed that since the errors were not notified until after HMRC had arranged an inspection visit the disclosure was a ‘prompted’ disclosure within Sch 24 para 9(2)(a) so that 15% was the statutory minimum penalty.

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Why it matters: The First-tier Tribunal upheld HMRC’s imposition of penalties at the rate of 15% of the potential lost revenue.

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