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A and R Bradshaw v HMRC

Ignorance of the law is a reasonable excuse

In A and R Bradshaw v HMRC [2018] UKFTT 368 (6 July 2018) the FTT held yet again that ignorance of the law is a reasonable excuse in relation to the late filing of non-resident CGT returns (‘NRCGT’) (TMA 1970 s 12ZA et seq.).
 
Mr and Mrs Bradshaw had emigrated to Canada in 2004 and sold a property situated in the UK in 2015. In their NRCGT return which they filed in October 2016 they claimed private residence relief (until 2004) and as the computation showed no gain no loss they declared no CGT liability.
 
HMRC imposed a late filing penalty as the return should have been filed by October 2016. The appellants contended however that they had submitted their return as soon as...

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