HMRC is sending letters to taxpayers who it believes should ensure that any legal interpretation applied in a tax return or other document sent to HMRC is ‘correct in both fact and law’ as set out in its Guidelines for Compliance 13. HMRC says that where the taxpayer has relied on a particular interpretation of the law when submitting a document, they should ensure that it is ‘based on all relevant facts’. The taxpayer should ‘honestly believe’ that, where there is more than one way in which the law could be interpreted in the circumstances, the interpretation adopted is ‘on balance the most likely to be found correct if the courts and tribunals were to consider the issue’.
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