- Maxxim Residential Design Ltd appealed against HMRC’s “best judgement” assessments and penalties for VAT periods from March 2013 to June 2014.
- The UK FTT found that some assessments were out of time, but the penalties were valid due to the wording of Schedule 24 Finance Act 2007.
- The phrase “due or payable” was interpreted to mean there was a liability to VAT in earlier periods, even if the tax was not actually payable due to HMRC being out of time to assess.
- This outcome may surprise taxpayers negotiating time limitation and penalty assessments with HMRC.
Source DLA Piper
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