John Sloan v Her Majesty's Revenue & Customs

Decision date: 18 November 2009

Neutral citation: [2009] UKFTT 310 (TC)

Overall AI summary confidence: medium

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: medium

John Sloan appealed a VAT assessment of £127,241 covering mid‑2006 to early‑2007, arguing he was entitled to deduct input tax shown on invoices from two subcontractors. The Tribunal found the subcontractor invoices did not meet Regulation 14(1) requirements, there was no reliable proof of payment, and the Commissioners acted to the best of their judgment in making the assessment. The appeal was dismissed and the assessment with interest was 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: high

A taxable person seeking to deduct input tax must produce documentary evidence that satisfies statutory invoice requirements (time, adequate description, quantity/extent, unit price); where invoices are deficient and proof of payment is not provided, HMRC may properly refuse the deductions and make an assessment using their best judgment.

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 notes record that handing deficient invoices to the assessing officer would not have altered the result, and that the burden lies on the taxpayer to show an assessment was not made to HMRC’s best judgment; these remarks appear as commentary rather than central holdings.

Warning

This chunk contains substantial repetition of the same material and is verbose. notes are verbose and repetitive and may be materially incomplete; they are the sole source for this summary.