MR Giles Davis v Commissioners for Her Majesty's Revenue and Customs

Decision date: 14 June 2011

Neutral citation: [2011] UKFTT 391 (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 a Schedule 24 penalty imposed on Mr Davis for a careless omission of employment income shown on his P60 from his 2008–09 self-assessment. The Tribunal found the return contained a careless inaccuracy but that "special circumstances" existed because the inaccuracy was readily detectable from employer filings, and reduced the penalty from 15% (£703) to 7.5% (£351.50). The liability for a penalty was upheld.

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

A taxpayer who omits employment income shown on a P60 can be liable to a Schedule 24 penalty for failure to take reasonable care; where the inaccuracy is readily and easily detectable by HMRC (for example via employer filings), that may amount to "special circumstances" under paragraph 11 permitting the tribunal to reduce the penalty.

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 (without determining a general rule) that filing on the last day without seeking or obtaining clarification may indicate lack of reasonable care, and that comparison with cases involving more serious inaccuracies can be relevant when assessing penalty levels.