Neshama Music Ltd v Commissioners for Her Majesty's Revenue and Customs

Decision date: 21 June 2011

Neutral citation: [2011] UKFTT 399 (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 concerned a 10% VAT default surcharge of £1,147.84 imposed on Neshama Music Ltd for a payment five days late (due 7 Jan 2009, paid 12 Jan 2009) as the third default in a surcharge period. The tribunal found the appellant did not have a "reasonable excuse" under s.59(7) VATA — staff holiday, preparer unavailability and family illness did not, on the evidence, amount to a reasonable excuse — and upheld the surcharge as not disproportionate. The appeal was dismissed.

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 treated the statutory test of reasonable excuse under s.59(7) as focusing on the taxpayer’s dispatch/payment conduct rather than on their understanding of SLN/SLEN notices; accordingly, lack of comprehension of penalty notices is generally irrelevant, and short staff absence or reliance on others will not constitute a reasonable excuse where reasonable steps to ensure compliance could have been taken.

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 HMRC’s practice of not assessing small initial penalties might, in some circumstances, create a false sense of security that could support a reasonable excuse, but that was not established on these facts. It also noted that member states have a broad margin in setting VAT penalties and proportionality review should consider gravity, duration of default and the penalty relative to the taxpayer’s means.

Warning

The chunk contains repeated passages and numerous typographical errors; some paragraphs are duplicated. The provided notes contain repeated passages and typographical errors; they may be incomplete or noisy.