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United Kingdom grounds illegality

HMRC v Tooth

[2021] UKSC 17
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2021
StatusBinding authority

Summary

A deliberate inaccuracy under s.29(4) FA 1998 requires taxpayer awareness of the inaccuracy; extended assessment period does not apply to merely negligent errors.

Key Principle

The Supreme Court held that a deliberate inaccuracy in a tax return under s.29(4) Finance Act 1998 requires the taxpayer to have been aware that the return was inaccurate; the extended assessment period does not apply to merely negligent errors.

Area of Law

tax

Related Cases

Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503

Statutory interpretation in tax law requires ascertaining meaning from text, context and purpose; beneficial construction favouring taxpayer is not appropriate.

Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (Statutory Construction) [2012] HCA 55

Tax legislation is construed by giving words their ordinary meaning in context; legislative purpose resolves ambiguity but cannot override clear statutory language.

Aid/Watch Inc v Commissioner of Taxation (2010) 241 CLR 539

An organisation engaged in political advocacy and law reform can qualify as charitable, as generating public debate on matters of public interest satisfies the public benefit requirement.

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