NWM Solutions Limited v The Commissioners for HMRC

Decision date: 11 May 2023

Neutral citation: [2023] UKFTT 448 (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 subsistence payments made by NWM Solutions Ltd were taxable "round sum allowances" or reimbursements under an HMRC dispensation, and whether HMRC could assess tax without first revoking the dispensation. The Tribunal refused HMRC's late attempt to increase quantum, found the payments were reimbursed subsistence within a dispensation whose qualifying conditions NWM satisfied on the balance of probabilities, and held HMRC could not assess those payments while the dispensation remained in force. The appeal was allowed and the Determinations and Decisions were set aside.

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

Where a valid HMRC dispensation was in force covering particular expense payments, those payments were treated as reimbursements removed from tax unless and until the dispensation was revoked; proof that employees incurred qualifying subsistence expenditure can be established on the balance of probabilities by signed claim forms together with corroborating administrative checks and a staff survey. Also, a very late attempt to amend pleaded quantum will be refused where permitting it would prejudice the respondent and there is insufficient explanation or evidence to support the change.

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 expressed doubt about HMRC imposing non‑statutory additional conditions in a dispensation, suggesting such conditions risk uncertainty and may be ultra vires. It also indicated, without deciding, that HMRC's proper remedy for breach of a dispensation is likely revocation under s.65 rather than immediate assessment.