The Revenue did suffer a recent setback as regards a late Return submitted by a Taxpayer which produced a repayment of tax.  It was generally their approach that a Return submitted more than 4 years after the tax year to which it related would not be accepted.  In a recent tax case Higgs v HMRC, the Upper Tribunal held that a self-assessment tax Return submitted more than 4 years late should be accepted by the Revenue.  The taxpayer got his money.

As a result of their loss, the Revenue did revise their internal guidance and will now accept a ‘late’ self-assessment Return for any year from 1996/1997 if it meets the following criteria and if there is an overpayment of tax or a reduction in payments on account if:

1. The Return was required under a formal notice.
2. No Determination has been raised for the year of the Return.
3. It is an original Return and not an amended Return.

tags:

• HMRC
• Self Assessment
• Tax Rebate