Nathaniel & Co Solicitors v Commissioners for Her Majesty's Revenue and Customs

Decision date: 6 October 2010

Neutral citation: [2010] UKFTT 472 (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 whether Nathaniel & Co had made a valid written VAT reclaim under Regulation 37 within the three‑year time limit for an alleged overpayment of £32,048.11. The Tribunal found the appellant did not prove, on the balance of probabilities, that a reconciliation "Table" was enclosed with their 30 October 2003 letter, and that the letter alone did not state the method of calculation. The Tribunal also held that, even if the Table had been sent, the combined documents would not have objectively disclosed the amount and method to a reasonably competent VAT officer, so the claim was out of time and 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: high

The claimant bears the evidential burden of proving a valid Regulation 37 claim was made within the statutory three‑year limit; Regulation 37 requires a claim to state both the amount and the method of calculation, and this requirement is assessed objectively by reference to what a reasonably competent VAT officer could understand from the documents. Documents relied on as forming part of a claim must themselves contain the necessary information or be clearly incorporated by reference to material already in HMRC’s possession.

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 that HMRC’s Form 652 is not a statutory requirement for a valid Regulation 37 disclosure and that guidance forms may assist but are not determinative. It also noted that inferring receipt of enclosures from later dates, without contemporaneous documentary corroboration, is insufficient to prove that additional material was sent.