Laxzo Ltd v The Commissioners For HMRC

Decision date: 27 March 2025

Neutral citation: [2025] UKFTT 372 (TC)

Overall AI summary confidence: medium

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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: medium

Laxzo Ltd appealed HMRC assessments under Schedule 16 FA 2020 arising from CJRS claims; HMRC used RTI data up to 19 March 2020 to recalculate reference salaries and concluded some claimed furlough costs exceeded qualifying costs. The tribunal found the assessments (as varied to £80,744.39) competent and within time, held HMRC entitled to use the RTI-based calculations (fixed-rate employees: salary in latest pay period ending on or before 19 March 2020; variable-rate employee: average-monthly basis) and dismissed the appeal.

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 tribunal treated the Coronavirus Directions as determinative: for fixed-rate employees the reference salary is the amount payable in the latest salary period ending on or before 19 March 2020, and qualifying CJRS costs are determined from earnings shown on RTI returns made on or before the relevant CJRS day (28 February or 19 March 2020). The First-tier Tribunal applied those statutory tests and would not substitute considerations of fairness or the scheme's “spirit” for those Directions.

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: high

The tribunal expressed sympathy for employers acting in good faith or for operational reasons during the pandemic but indicated those factors do not change statutory entitlement to payments. It also observed that HMRC internal delays or caseworker inconsistencies do not, by themselves, excuse non-compliance with the Directions.

Warning

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