Owen Patrick Williams v The Commissioners for HMRC

Decision date: 11 August 2022

Neutral citation: [2022] UKFTT 269 (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 appeal concerned a 17 April 2020 Closure Notice that amended Mr Williams' 2017/18 return to include omitted pension income and purported to remove a separate £200,918 repayment/early‑repayment claim. The Tribunal upheld the Closure Notice so far as it increased tax to reflect the omitted pension income but held that the Closure Notice should not have disallowed the £200,918 repayment claim because HMRC had not opened the appropriate enquiries in time. All wider complaints about 2018 loan‑charge/settlement matters and other non‑appealable remedies were struck out for lack of Tribunal jurisdiction.

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

A Closure Notice properly effects an amendment to a return to correct omitted income and increase tax accordingly, but it cannot be used to remove a taxpayer's repayment/early‑repayment claim where HMRC ought to have opened the relevant enquiries and failed to do so within the required time; the Tribunal must confine itself to deciding matters that are the subject of a statutory right of appeal and strike out non‑appealable complaints.

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 notes record observations that HMRC correspondence or engagement in settlement negotiations or requests for information do not in themselves amount to appealable decisions absent a concluded assessment or decision, and that actions such as use of account "inhibits" or refusal to settle are not matters for the Tribunal and may require other remedies.