Graham Roth t/a Phillips Roth & Company v Commissioners for Her Majesty's Revenue and Customs

Decision date: 10 June 2011

Neutral citation: [2011] UKFTT 386 (TC)

Overall AI summary confidence: medium

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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: medium

Mr Graham Roth appealed three VAT default surcharges for periods 08/07, 02/08 and 02/09. The Tribunal found he was in default because the returns were signed late and received late and VAT was paid late or unpaid, that his explanations did not amount to reasonable excuses (losses of an associated company were unconnected in time/causation), and dismissed all appeals while upholding the surcharge extension notices.

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: medium

The decision treats late signing and late receipt of VAT returns, and late or unpaid VAT, as constituting defaults unless a reasonable excuse is shown; circumstances or losses unconnected in time or causation to the taxpayer’s default do not constitute a reasonable excuse for antecedent defaults.

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 notes indicate the Tribunal considered it permissible to proceed in the appellant’s absence after repeated postponements where the appeal would be hopeless, and that complaints about HMRC conduct unrelated to the timing of returns are not appropriate grounds to defeat a surcharge.

Warning

Some duplication of passages appears in the judgment.