Mrs D Balgobin Representative partner in Mrs D Balgobin, Miss H Balgobin and Miss S Balgobin t/a Sunny Lodge v Commissioners for Her Majesty's Revenue and Customs

Decision date: 3 November 2010

Neutral citation: [2010] UKFTT 537 (TC)

Overall AI summary confidence: high

AI Notice: Any short overview, ratio decidendi summary or obiter dicta summary shown on this page is AI-generated, provided only to help users assess potential relevance more quickly, and may be wholly inaccurate. No liability is accepted for the accuracy of any such summary, regardless of any AI confidence rating shown. Users should check the underlying decision and obtain appropriate legal advice rather than relying on any summary.

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 £100 penalties for late partnership returns for the year to 5 April 2008. The Tribunal held a partnership return was required (a blank paper return served as a valid notice), the returns were filed after both the paper and electronic deadlines, and there was no reasonable excuse; HMRC were not obliged to provide free software and had validly prescribed electronic filing methods. The penalty determinations were upheld and the appeals dismissed.

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

A paper blank partnership return can satisfy the notice requirement under s12AA TMA by indicating the information required regardless of filing method, and where HMRC has prescribed the form or method for electronic submission by directions and website material, they are not required to supply free electronic filing software.

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 that Regulation 3 of the 2003 Electronic Communications Regulations, together with HMRC directions and website terms, can be used to determine the approved method/form for electronic submission. It also observed that retrospective declarations that parties were not in partnership may not relieve return obligations where records and prior practice indicate a partnership existed.