Bicester Property Interiors Limited v The Commissioners for HMRC

Decision date: 21 December 2022

Neutral citation: [2023] UKFTT 13 (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

Bicester Property Interiors Ltd (BPIL) appealed VAT surcharge liabilities for multiple periods, arguing COVID-19-related disruptions gave it a "reasonable excuse" for late VAT payments. The Tribunal found on the balance of probabilities that COVID-19 interruptions were the dominant cause of repeated cashflow shortfalls, that BPIL remedied defaults without unreasonable delay, and allowed the appeal, quashing the surcharges.

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 applied the statutory "reasonable excuse" test and held that an external event disrupting the normal course of business can constitute a reasonable excuse where reasonable foresight and due diligence could not have avoided the insufficiency of funds; although taxpayers who have collected VAT will rarely succeed, severe interruptions (here, COVID-19) may justify temporary use of VAT funds if remedies are taken without unreasonable delay.

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 commented that small traders exposed to timing risks should consider the cash accounting scheme (noting BPIL could not adopt it once in a surcharge period) and reiterated that routine or expected staff absence alone is unlikely to found a reasonable excuse.