K1 Construction Limited v Commissioners for Her Majesty's Revenue and Customs

Decision date: 23 July 2010

Neutral citation: [2010] UKFTT 347 (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

K1 Construction, a contractor with gross payment status under the CIS, appealed HMRC's cancellation of that status for the 12 months to 26 March 2009 on the basis that the compliance test had not been met. The Tribunal held that late filing/payments corrected only after the qualifying period could not be disregarded, that K1 had no reasonable excuse for the defaults, and that K1 failed the "reason to expect" test. K1's appeal was dismissed and the cancellation 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 compliance as assessed at the end of the qualifying period and held that paragraph 32 (Table 3) disregards do not cover defaults that were only rectified after that period ended; a taxpayer must show a reasonable excuse consisting of causes outside their control to avoid non-compliance; and a pattern of late returns/payments can support a finding that HMRC had no reason to expect future compliance.

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: low

The Tribunal observed it was unnecessary to resolve disputes about alleged misallocation of two PAYE payments, and (with citation) noted it could not take proportionality of consequences into account when assessing compliance under these rules.

Warning

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