Blaze Group Holdings Ltd v Commissioners for Her Majesty's Revenue and Customs

Decision date: 7 September 2011

Neutral citation: [2011] UKFTT 616 (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 challenged VAT default surcharges for three quarters where returns were not submitted. The Tribunal found that a longtime employee, Helen Clark, had maliciously intercepted HMRC communications and authorised payments, thereby causing the defaults. The Tribunal held her conduct amounted to an exceptional circumstance and a reasonable excuse, and allowed the appeal, cancelling the surcharges.

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

Where a longstanding employee who had previously and reliably performed VAT duties acts maliciously to intercept communications and cause non-submission, that conduct can amount to an exceptional circumstance and therefore a reasonable excuse for late VAT returns; evidence of the taxpayer’s reasonable grounds to rely on that employee (such as a history of accurate performance) is relevant to that assessment.

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 observed that earlier direct contact by HMRC with the responsible director might have led to earlier rectification (an observation about HMRC practice), and noted that the change from paper to electronic submission can increase the risk that a director will be unaware of defaults where an intermediary intercepts notices. These remarks were observational rather than determinative.