Slocock v Revenue and Customs Commissioners

Capital gains tax – Non-resident capital gains tax return. Article 13 of Protocol 7 to the Treaty for the Functioning of the European Union made the appellant taxpayer UK resident for the purposes of capital gains tax. Consequently, he had not been required to complete and deliver a non-resident capital gains tax return within 30 days of the completion of the sale of his asset, and so had not failed to meet an obligation for which Sch 55 of the Finance Act 2009 had provided a punishment in the form of the imposition of penalties by the Revenue and Customs Commissioners. Accordingly, the First-tier Tribunal (Tax Chamber) cancelled the penalties at issue under para 22(1) of Sch 55 to the 2009 Act.

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