Pre-Budget Report 2009


Introduction

Personal tax

Tax rates and allowances

Furnished holiday lettings

Pensions and Credits

State Pension

Rates of tax credit

National Insurance Contributions

Rates and limits: 2010/11

Rates and limits: 2011/12

Employees

Bankers' bonuses

Electric cars and vans

Cars up to 2012

Car fuel

Works canteen

Savings

Pension contributions

Capital Gains Tax

Annual exemption and rate

Inheritance Tax

Rates and threshold

Stamp Duty/Stamp Duty Land Tax

Extended holiday ends

Corporation Tax

Rate of tax

Business Tax

Bank payroll tax

Capital allowances

Research and development

Time to pay

Empty property rates relief

Value Added Tax

Standard rate

Flat rate

Other Measures

Equitable liability

Offshore disclosure opportunity

Public sector pay and pensions

Tax avoidance

Equitable liability


If a taxpayer fails to file a tax return on time, they may be issued with a determination by HMRC based on an estimate of the liability. The only way to displace a determination is to file a tax return. If the taxpayer fails to do that within the time limit, the tax is legally due and cannot be appealed against. By concession, in the past HMRC have offered a relief called "equitable liability" - if it was clear that the determination was excessive, they would not collect the tax.

Recently a number of concessions - practices which HMRC operate to moderate the harshness of the law - have been withdrawn, and equitable liability was one of these. After a campaign by the tax profession, it will now be included in the law itself, so that HMRC will not collect tax where it is clear that a determination is excessive.

To qualify, a taxpayer must be able to show that the amount is too large, and must bring his tax affairs up to date by filing appropriate tax returns and paying outstanding tax, interest and penalties. It will still be better to do everything on time rather than relying on this new rule.