Giles Bushell v Commissioners for Her Majesty's Revenue and Customs

Decision date: 16 November 2010

Neutral citation: [2010] UKFTT 577 (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 134 CIS nil-return penalties (£20,300) for months when Mr Bushell largely had no subcontractors and had relied on agents and HMRC telephone advice. The tribunal held that Regulation 4 requires some continuity of making payments before periodic nil returns are required, that routine reliance on an agent is not automatically a reasonable excuse, and that HMRC's April 2008 telephone advice did constitute a reasonable excuse from that date to 3 March 2009 for certain failures. The tribunal allowed parts of the appeal, reducing or discharging specific monthly penalties (notably Periods 7–9) and upheld a £100 penalty for Dec 2008, and permitted further proportionality submissions.

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 decisive legal findings are that (1) a person "who makes payments" under Regulation 4 requires some element of continuity in payment-making such that isolated past payments do not, by themselves, create an ongoing obligation to file monthly nil returns; and (2) reliance on an agent is not in itself a reasonable excuse — it can excuse non-compliance only in exceptional circumstances where the failure was outside the control of both taxpayer and agent.

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 Regulation 4(11) allows various informal notifications (phone, letter, email) to HMRC indicating cessation of payment-making and has administrative utility, though it is not determinative for statutory construction. It also indicated that human-rights/proportionality challenges to penalty amounts may be tenable in appropriate cases and might justify further representations or a stay pending appellate guidance.