Mountrail Company Holdings Limited v The Commissioners for HMRC

Decision date: 9 September 2026

Neutral citation: [2026] UKFTT 1296 (TC)

Overall AI summary confidence: medium

AI Notice: Any short overview, ratio decidendi summary or obiter dicta summary shown on this page is AI-generated, provided only to help users assess potential relevance more quickly, and may be wholly inaccurate. No liability is accepted for the accuracy of any such summary, regardless of any AI confidence rating shown. Users should check the underlying decision and obtain appropriate legal advice rather than relying on any summary.

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

This case concerned whether the First-tier Tribunal should grant permission for late appeals by Mountrail Company Holdings Ltd against assorted ATED-related penalties and an alleged refusal of ATED relief. The Tribunal allowed appeals against eight late filing penalties (2013/14–2016/17) and three late payment penalties (2015/16 and 2016/17) but refused permission for a late appeal against certain 2014/15 late payment penalties and refused permission to appeal an asserted refusal of ATED relief because no refusal decision had been communicated. The Tribunal directed HMRC to correct credits and interest where payments had been affected.

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 proceeded to allow or refuse permission for late appeals based on the available evidence about communication, cancellation and HMRC’s conduct: where HMRC had engaged and the paperwork allowed the Tribunal to resolve penalty appeals, the appeals could proceed (and penalties were disapplied); conversely, very long unexplained delay and the absence of any communicated decision refusing relief justified refusing permission to bring a late appeal.

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 indicated that a complaints response or narrative from HMRC is not, without more, a communicated decision refusing a tax relief claim, and that complaint correspondence will not be treated as an appealable decision where HMRC cannot identify contemporaneous decision correspondence.