Totel Distribution Ltd v Commissioners for Her Majesty's Revenue and Customs

Decision date: 31 March 2011

Neutral citation: [2011] UKFTT 217 (TC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

Totel claimed input tax repayments of £2,871,661.14 for April–June 2006 which HMRC refused on the basis the purchases and sales were connected with MTIC/contra-trading fraud. The Tribunal found objective indicia of contrivance in the transactions and concluded that Totel’s director, Mr Rowbotham, subjectively knew the transactions were connected with fraudulent VAT evasion. The appeal was dismissed and HMRC was entitled to refuse the input tax credit.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: high

Where commercial transactions exhibit systematic objective indicia of contrivance (for example vague or contradictory paperwork, reliance on oral “understandings”, trading before due diligence was completed, improbably short logistics/timings, and suppliers relinquishing goods before payment), a tribunal may infer that the trader knew or ought to have known the transactions were connected with fraudulent VAT evasion; conducting due diligence only after dealing and in a perfunctory manner can support the inference that the trader appreciated the true nature of the scheme.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The judgment cautions against uncritical use of labels such as “contra-trader”, “clean chain” and “dirty chain” until findings are made, and notes that factual findings from one First-tier Tribunal hearing about market characteristics are not binding on another tribunal.