Edward Brindley Pitt v Commissioners for Her Majesty's Revenue and Customs

Decision date: 24 March 2011

Neutral citation: [2011] UKFTT 208 (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 a 5% late payment surcharge of £1,197.93 imposed after Mr Pitt filed his 2008–09 return online and paid the outstanding tax late following loss of a high‑paying job. The tribunal held that Mr Pitt did not have a "reasonable excuse" for late payment and dismissed the appeal, confirming the surcharge. The tribunal noted that inability to pay, even if caused by loss of income, is excluded by the statute and that an experienced taxpayer should have contacted HMRC to seek a time to pay arrangement.

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 treated as the operative ratio that a taxpayer's inability to pay does not constitute a reasonable excuse where the statutory regime expressly excludes inability to pay; accordingly, taxpayers who are aware of filing/payment deadlines and HMRC guidance are expected to contact HMRC to arrange payment rather than relying on inability to pay as an excuse.

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 obiter that filing notices and online return systems that display liabilities can serve as clear warnings of payment obligations, and that tribunals should nonetheless examine the underlying causes of an inability to pay (even where inability is excluded) when assessing whether some other reasonable excuse exists.