Taxpayers can bring a claim for judicial review of an HMRC decision which has breached the taxpayer’s legitimate expectation to be treated in a particular way for tax purposes. Two recent cases – Airline Placement and Murphy – explore the circumstances where a taxpayer can, and can’t, rely on a statement made by HMRC in order to establish a legitimate expectation. One is a cautionary reminder for taxpayers seeking clearance to be completely transparent and comprehensive in their requests. The other provides helpful guidance on the construction of extra-statutory concessions.
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
Taxpayers can bring a claim for judicial review of an HMRC decision which has breached the taxpayer’s legitimate expectation to be treated in a particular way for tax purposes. Two recent cases – Airline Placement and Murphy – explore the circumstances where a taxpayer can, and can’t, rely on a statement made by HMRC in order to establish a legitimate expectation. One is a cautionary reminder for taxpayers seeking clearance to be completely transparent and comprehensive in their requests. The other provides helpful guidance on the construction of extra-statutory concessions.
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
.jpg?sfvrsn=335a554c_0 "300 x 250 (MPU)")