GN Khan v The Commissioners for HMRC

Decision date: 9 July 2024

Neutral citation: [2024] UKFTT 615 (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 concerns discovery income tax assessments and Schedule 41 penalties relating to undeclared rental income for 2004/05–2012/13. The Tribunal upheld the discovery assessments but found the taxpayer made an unprompted disclosure to HMRC on 11 December 2013, so the Schedule 41 penalties were reduced to reflect an unprompted disclosure (62.5% of Potential Lost Revenue). The appeal was otherwise dismissed.

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 taxpayer’s approach to HMRC informing them of a failure to notify tax liabilities can amount to an "unprompted disclosure" under Schedule 41 even if full details were not provided at that initial contact; the timing, nature and extent of information disclosed affect the disclosure’s quality and therefore the appropriate reduction from the standard penalty percentage.

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 Tribunal noted (obiter) that tribunal discretion to admit late evidence might be exercised in the interests of fairness where representation was instructed late and the evidence is central, and that absence of a formal LPC reference or system entry does not necessarily negate that a disclosure occurred if contemporaneous posting/delivery/processing records support it.