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How do cases get to a Tax Tribunal?

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  • Most tax investigations by HMRC end with a negotiated financial settlement.

  • However, disagreements may arise over the interpretation of tax legislation or the sufficiency of evidence.

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Review Process:

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  • If the taxpayer disagrees with HMRC's findings, they can request an independent review by another HMRC officer.

  • Although rare, sometimes this review results in a change of the original HMRC's decision.

 

Tax Tribunal:

  • If dissatisfied after the HMRC review, the taxpayer can appeal to the Tax Tribunal, an independent arbiter of tax disputes within the court system.

  • Most cases begin at the First Tier Tribunal, where evidence is presented, witnesses questioned, and decisions made by judges.

  • Appeals against First Tier Tribunal decisions are made to the Upper Tribunal if there's an error in law.

 

What Happens at the First Tier Tax Tribunal?

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Hearing Process:

  • The First Tier Tribunal is formal but less so than other legal proceedings.

  • A judge, often with a colleague, hears evidence from both parties, including witness testimonies.

  • After deliberation, the judge provides a decision, either immediately or in writing, with reasons.

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How We Can Help

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Assessment and Negotiation:

  • We assess the likelihood of success at the Tax Tribunal and attempt to resume negotiations with HMRC.

  • Renewed negotiations may lead to a settlement without the need for a Tribunal hearing.

 

Preparation and Representation:

  • If negotiations fail, our tax specialists prepare and present the case at the Tax Tribunal.

  • We ensure evidence is presented coherently, referencing relevant legislation and past tax cases to support the case.

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Expertise and Experience:

  • Many accountants lack the experience to prepare cases for Tax Tribunal hearings effectively.

  • We specialise in tax investigations, with expertise in presenting cases before the Tax Tribunal if necessary.

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If you're considering appealing to a Tax Tribunal after failed negotiations with HMRC, contact us for a free, confidential discussion. We offer an initial free-of-charge meeting to assess your case and provide guidance on the best course of action.

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