Jonathon Woods v The Commissioners for HMRC

Decision date: 23 May 2024

Neutral citation: [2024] UKFTT 595 (TC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

This case concerned whether HMRC discovery assessments for HICBC for 2014/15–2019/20 are "protected assessments" under section 97 of the Finance Act 2022. The Tribunal decided the assessments are protected and that the Wilkes-type point (that HICBC is not "income" for s29(1) TMA) was not raised by the appellant or the Tribunal by 30 June 2021 nor was there a qualifying temporary pause before 27 October 2021. As a result, the appeal will proceed to a full substantive hearing; the preliminary decision does not determine the substantive merits.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: high

The Tribunal held that, for s97(5) FA 2022 to remove protection, the specific Wilkes-type issue must have been identified ("raised") by the appellant or the Tribunal on or before 30 June 2021; absent that, an appeal relating to HICBC is a "relevant protected assessment" under s97(4) unless the s97(5) or (6) conditions are satisfied.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The judge endorsed Hextall's reasoning that "raised" requires specific identification of the Wilkes-type point rather than mere potential for such an argument; the judge also observed the substantive appeal is unsuitable for determination on paper, but made no substantive comment on the merits.