Singh and Singh Limited v Commissioners for Her Majesty's Revenue and Customs

Decision date: 7 April 2011

Neutral citation: [2011] UKFTT 230 (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 challenged HMRC's Notice requiring Singh and Singh Limited to give security under Schedule 11, para 4(2)(a) VATA 1994. The tribunal found the requirement and the quantum (£46,000 after reconsideration) reasonable given persistently late VAT returns, irregular payments, and an increasing VAT debt; a small calculation error and a late £500 payment did not make the requirement unreasonable. The appeal was dismissed.

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 tribunal treated a Notice requiring security as lawful where a taxable person persistently files late VAT returns and makes irregular or inadequate payments so that liabilities significantly outpace payments, creating a real risk to the Revenue; minor mathematical errors in the security calculation that do not materially affect the amount do not render the requirement unreasonable.

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 it could not take into account the adverse effect on the business of having to pay the security, and it discounted reliance on an individual director's past company failures where that factor was not relied on in the decision letters to the appellant.