Fisher Homes & Vision Ltd v Commissioners for Her Majesty's Revenue and Customs

Decision date: 4 August 2010

Neutral citation: [2010] UKFTT 361 (TC)

Overall AI summary confidence: medium

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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: medium

Fisher Homes & Vision Ltd appealed a default surcharge for unpaid VAT for period 10/09. The Tribunal found the company had no reasonable excuse for failing to pay and that a "time to pay" request made after the payment was due could not prevent further default surcharge liability. The appeal was dismissed; the appellant may apply to set aside the decision and seek permission to 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: medium

From the Tribunal's findings, a request for a time to pay arrangement must be made before the relevant VAT payment becomes due if it is to prevent further default surcharge liabilities, and reliance on an anticipated VAT credit (such that some liability would remain unpaid even if the credit were available) does not constitute a reasonable excuse for non-payment.

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 indicate the Tribunal proceeded to hear an out-of-time appeal with the Respondents' consent and that the appellant can apply to set aside the Tribunal's decision under its procedural rules and seek permission to appeal; these procedural observations are ancillary to the substantive decision.

Warning

Chunk contains repeated and duplicated passages; some sentences are disjointed and appear to repeat material. notes contain some repetition and disjointed passages; they may be incomplete.