Key Facts
- •Mr. Erridge was assessed for High Income Child Benefit Charge (HICBC) for tax years 2012-13 to 2018-19, totaling £19,524.98 including penalties.
- •HMRC enforced collection of the full amount before the hearing, forcing Mr. Erridge to sell his family home at a discount.
- •Mr. Erridge is dyslexic and had difficulties understanding complex tax regulations.
- •HMRC initially rejected Mr. Erridge's appeals but later reduced penalties.
- •The Tribunal found Mr. Erridge had a reasonable excuse for not notifying his HICBC liability.
- •The Tribunal lacked jurisdiction to rule on HMRC's debt collection actions or Extra Statutory Concession A19 (ESC A19).
Legal Principles
Reasonable Excuse for Failure to Notify Tax Liability
FA 2008, Sch 41, Para 20; Perrin v HMRC [2018] UKUT 156
Time Limits for Assessments
Taxes Management Act 1970 (TMA), sections 7, 29, 34, 36, 36(1A), 118(2)
HMRC's Power to Issue Discovery Assessments and Time Limits
HMRC v Wilkes [2021] UKUT 150 (TCC)
HMRC's Debt Management and Collection Proceedings
HMRC Compliance Handbook, paragraph CH14300; TMA s 55(3)
Extra Statutory Concession A19 (ESC A19)
ESC A19; HMRC Self Assessment Manual SAM101120; PAYE Manual PAYE95000
Outcomes
Penalties cancelled.
Mr. Erridge had a reasonable excuse for failing to notify his HICBC liability.
HICBC assessments for 2013-14 to 2017-18 cancelled.
Assessments were out of time (more than four years after the end of the tax years).
HICBC assessment for 2018-19 upheld (£2,501).
Assessment was within the four-year time limit.
Tribunal lacked jurisdiction to address HMRC's debt collection practices or application of ESC A19.
These matters require separate action by Mr. Erridge.