*R (on the application of Higgs) v Revenue and Customs Commissioners

Income tax – Return. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) allowed the application by a taxpayer for judicial review of a decision by the Revenue and Customs Commissioners not to allow his claim for repayment of overpaid tax on the basis that the taxpayer's return had been received after the expiry of the four-year time limit imposed by s 34(1) of the Taxes Management Act 1970. The tribunal decided that, in line with existing authority, the time limit in that sub-section had no application to a self-assessment made by a taxpayer. Accordingly, the Revenue was ordered to process the taxpayer's tax return including the self-assessment in respect of the relevant year.

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