Thursday, May 7, 2009

Sympathetic Chairmen Do Exist

As always with VAT, there is always some innocent trader somewhere who is losing out on a substantial amount of VAT through no fault particularly of their own. It is always awful to read a Tribunal that end, 'whilst I am sympathectic to the trader, there is nothing more I can do than dismiss the appeal'.

I do feel sorry at that point for both the innocent trader who has just made a costly error (without even realising it at the time they did!) but also for the Chairmen who have to deliver the heartbreaking (and costly) news.

A recent example involved a belated notification of an option to tax which was refused by HMRC, the then trader appealed. However, where no VAT is charged on the rentals in the past, there is little scope that HMRC will accept such a belated notification.

Interestingly in this case, the trader had also received advice from the Telephone Helpline, but with nothing in writing (and no full note HMRC's end) this proved little help - like I have said before - advice in writing at a minimum if you want to rely on HMRC!

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