Mr David Wald v Commissioners for Her Majesty's Revenue and Customs

Decision date: 17 March 2011

Neutral citation: [2011] UKFTT 183 (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 challenged a 10% penalty under s.95(1) TMA for negligently omitting a taxable £6,617 relocation payment from Mr Wald’s 2006/07 tax return, a return prepared by his accountants. The First-tier Tribunal found on the balance of probabilities the omission was negligence for which the taxpayer was responsible, upheld the £264 penalty as within HMRC guidance 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’s decision rests on the proposition that the legal obligation to deliver a correct tax return remains with the taxpayer and is not ordinarily discharged by engaging an accountant; accordingly, taxpayers remain liable for errors made by their agents. The Tribunal also held that the mere non-receipt of a P11D does not automatically justify treating an employer payment as non-declarable.

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 sympathy for the appellant and noted internal HMRC material suggesting the case might be borderline or suitable for no penalty, but indicated that the compliance officer’s exercise of discretion to impose a reduced (10%) penalty was within guidance. The Tribunal further observed that, where parties have had full opportunity to address authorities, it need not afford a further hearing simply because it intends to consider additional case law.