Click Distribution Ltd v Her Majesty's Revenue & Customs

Decision date: 4 November 2009

Neutral citation: [2009] UKFTT 297 (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

This appeal concerned default VAT surcharges imposed on Click Distribution Ltd for late VAT returns in 09/07 and 12/07. Click relied on cashflow problems and unexpected order volumes as a "reasonable excuse" for late payment; the Tribunal found Click had not proven an unforeseeable underlying cause and dismissed the appeal, upholding surcharges of £200.93 and £5,036.98. The Tribunal also held it had no power to reduce the surcharges.

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

The Tribunal applied the VATA scheme: an insufficiency of funds itself is not a reasonable excuse, but an appellant may rely on an underlying cause of that insufficiency which, if proved, can amount to a reasonable excuse; the burden is on the appellant to establish such an underlying cause. Repeated late payments and prior warnings/assurance visits may indicate the absence of such an unforeseeable underlying cause.

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 Tribunal observed that isolated, one-off late payments might attract more sympathy than a pattern of defaults, and that a taxpayer facing changing business circumstances could seek a different VAT accounting regime; failure to do so is relevant to assessing whether there was a reasonable excuse.

Warning

The chunk contains duplicated passages and some garbled legislative references, which made parts of the text difficult to parse. The provided notes contain duplicated passages and some garbled legislative references, so they may be incomplete or noisy.