cannon-chambers-logo
Menu

GUERLAIN-DESAI V HMRC TC/2022/13097

This was a successful application by Patrick Cannon to the FTT for the taxpayer to bring her appeal 42 days after the 30-day period for giving notice of appeal against a closure notice had expired. This was a mixed-use SDLT appeal, and HMRC had amended the taxpayer’s return to show that an extra £225,250 was payable. HMRC strongly opposed the application for the late appeal to be admitted and argued that the appeal itself was bound to fail.

However, the judge accepted that the mixed-use case put forward by the taxpayer was arguable and set out at para 39 of her decision the particular factors to be weighed in arriving at her decision to exercise her discretion to admit the appeal late. These cases turn on their particular facts, and in many such cases, it is generally not the length of the delay but the reasons for it which count most.

You can read the full decision here

You might also be interested in...

BURLEY V HMRC [2025] UKFTT 989 (TC)

This appeal concerned the assignment by the taxpayer of his rights to the income from two film trading partnerships to an LLP of which he and his company were members. The company became entitled to the income which arose from the assignments, after the loan obligations taken out by the taxpayer...

L-L-O CONTRACTING LIMITED AND OTHERS V HMRC [2025] UKUT 00127 (TCC)

This was the hearing before the Upper Tribunal of the appellants' claims for overpayment relief from SDLT under paragraph 34 Schedule 10 FA 2003 in circumstances where the appellants had failed to claim Multiple Dwellings Relief ("MDR") in their return or in an amendment to their return, within 12 months...
Contact Us