C O’Donnell & Anor v The Commissioners for HMRC

Decision date: 26 June 2024

Neutral citation: [2024] UKFTT 587 (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 case concerns an application for permission to notify late appeals against HMRC SDLT discovery assessments following HMRC's 27 May 2022 "view of the matter" letters. The Tribunal found the appellants genuinely believed their agent was acting for them but unreasonably took no steps after HMRC's letter, resulting in a serious and significant delay. Balancing delay, reasons and prejudice, the Tribunal refused permission to notify the appeals late.

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 structured assessment of (i) length of the delay, (ii) reasons for default, and (iii) a balancing exercise weighing the merits and prejudice, and held that appointing an agent does not remove the taxpayer's personal responsibility to act promptly; taxpayers should check with advisers when HMRC correspondence indicates action may be needed. This framework and conclusion form the ratio identifiable from the notes.

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 noted it should generally avoid detailed examination of substantive merits when deciding time extension applications unless the merits are clearly very strong or very weak, and observed that lack of funds or self‑representation is generally not a strong excuse for missing time limits. These remarks appear as obiter in the judgment.