H & Y Colbran v Commissioners for Her Majesty's Revenue and Customs

Decision date: 7 February 2011

Neutral citation: [2011] UKFTT 175 (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 £100 penalties on each partner for late delivery of the partnership tax return for year to 5 April 2008. The tribunal found the paper return was received on 30 January 2009, after the 31 October 2008 paper filing date, and that the representative partner (via his agent) had no reasonable excuse for filing late because the agent had decided in December 2008 not to obtain the required third‑party electronic filing software and to file by paper. The penalties were confirmed and the appeal 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: medium

The tribunal treated the representative partner as bearing responsibility to ensure a partnership return filed on paper is delivered by the paper filing date, and held that a professional agent’s decision to delay obtaining required commercial electronic‑filing software and instead file late by paper did not amount to a reasonable excuse on these facts.

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 judgment includes observations that publicity for electronic filing need not be extensive for a professional adviser to be expected to inform himself of filing requirements, and that First‑tier Tribunal decisions (particularly unpublished ones) are not necessarily binding where parties accept they are not.