Durnbrae Limited v Commissioners for Her Majesty's Revenue and Customs

Decision date: 28 April 2011

Neutral citation: [2011] UKFTT 280 (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

Durnbrae Ltd appealed a £500 statutory penalty for late online submission of its 2009/2010 P35 return, which was submitted online on 6 October 2010 after a 19 May 2010 deadline. The tribunal found no reasonable excuse for the delay, rejecting the director's account that he had mistakenly not pressed "submit" and relying on available website confirmation and helpline facilities. The appeal was dismissed and the penalties were upheld.

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 a taxpayer's mistaken belief that an online form had been submitted, without checking for or obtaining the available online confirmation, as not amounting to a "reasonable excuse" to avoid statutory late-filing penalties; the availability of online confirmation and guidance materials can negate claims of IT-inexperience where no exceptional event is shown.

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 taxpayers unfamiliar with online filing but indicated that such sympathy does not displace the statutory responsibility to ensure compliance; it also noted that practical indicators, such as the inability to issue P60s until a return is submitted, may alert a taxpayer that a return remains outstanding.

Warning

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