Lewis Grove Limited v The Commissioners for HMRC

Decision date: 21 November 2024

Neutral citation: [2024] UKFTT 1114 (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 case concerned Lewis Grove Ltd’s application for permission to appeal out of time against an SDLT assessment issued by HMRC following a 2018 transfer of a pharmacy business and a rack‑rent lease. The FTT applied the Martland three‑stage test and, despite a delay of about 1 year 8–9 months, found a reasonable excuse (non‑receipt of HMRC correspondence and HMRC’s failure to engage with the agent named on the return), accepted the appellant’s credibility, and granted permission to appeal late. The tribunal also noted that Valuation Office assumptions suggested the underlying SDLT liability might be nil, a factor supporting allowing the late appeal.

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

The tribunal applied Martland’s three‑stage approach (length of delay; reasons for delay; balancing all circumstances including prejudice and the merits) to applications under s.40(2)(b) TMA and held that where HMRC fails to communicate with the agent named on an SDLT return and correspondence is not received by the taxpayer, that can constitute a reasonable excuse justifying grant of permission to appeal out of time, particularly where the appellant acts promptly once informed and the underlying appeal appears to have real prospects.

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 (obiter) that errors or assumptions by the Valuation Office (e.g. treating a rack‑rent lease as a freehold) can undermine the reliability of HMRC’s assessment and are relevant to the balancing exercise, and that while allowing late appeals can cause administrative burden to HMRC, such prejudice may be outweighed by injustice to a taxpayer who did not receive correspondence.

Warning

The chunk is highly repetitive and contains duplicated passages and editorial artefacts; care was taken to avoid double-counting repeated material. The provided notes are repetitive and contain duplicated passages and editorial artefacts; they may be incomplete.