Davies Software Services v Commissioners for Her Majesty's Revenue and Customs

Decision date: 12 March 2010

Neutral citation: [2010] UKFTT 117 (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

This appeal concerned a £200 penalty for late filing of a partnership tax return where the representative partner attempted to file online on the deadline but could not because the return required third‑party commercial software; he posted a paper return the same day but it arrived late. The tribunal found the return's wording was ambiguous as to whether third‑party software was required, accepted the appellant's explanation, concluded he had a reasonable excuse, and set aside the penalty.

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's deciding point was that, on the facts, a taxpayer may have a reasonable excuse for late filing where the filing notice can reasonably be read as not mandating third‑party software and the taxpayer is prevented from complying online by the lack of the required software; assessment of reasonable excuse depends on the specific wording of the notice and the individual circumstances.

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 an earlier case (Express Agency) about inability to file without third‑party software is distinguishable and that HMRC's prior acceptance of a reasonable excuse in a similar factual situation may be relevant but is not binding; each case should be decided on its own facts.