Question:
My wife and I jointly own a small number of buy-to-lets, and ten years ago my accountant completed a Form 17 declaration to HMRC to have the income allocated to my wife. Around six years ago, we bought three more buy-to-lets but did not complete further Form 17s although income continued to be allocated to my wife. The accountant mentioned this and I told him to advise me or just go and do it. New senior management at the Accountants have advised me that I could be asked to pay tax at my higher tax rate. I am concerned that having employed a large accountancy firm and paid relatively high fees, I may now be expected to pay a large amount of back tax due to their errors. Is there any way forward on this?
Arthur Weller Replies:
In a case called Rowland v HMRC, the taxpayer claimed they relied on their accountant, who made a mistake. The taxpayer won and this was accepted as a 'reasonable excuse' (see HMRC Enquiry Manual:
http://www.hmrc.gov.uk/manuals/emmanual/EM4110.htm. Page EM4110). You can use this in your 'negotiations' with HMRC. I don't know all the details of your case but seems to me, from what you have written, you have a good argument to support your case.
My wife and I jointly own a small number of buy-to-lets, and ten years ago my accountant completed a Form 17 declaration to HMRC to have the income allocated to my wife. Around six years ago, we bought three more buy-to-lets but did
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