Sammy Garden Limited v The Commissioners for HMRC

Decision date: 28 February 2025

Neutral citation: [2025] UKFTT 274 (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 whether Sammy Garden Ltd (SGL) was liable to account for VAT from its effective date of registration (EDR) of 9 March 2021 or only from the date HMRC issued a VAT registration number (27 July 2021). The First-tier Tribunal found the EDR was 9 March 2021 (as declared on the VAT1 and accepted by HMRC) and that SGL was a taxable person from that date, so HMRC’s assessment for additional VAT of £19,400.84 stood and the repayment claim of £2,183.16 was disallowed.

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 statutory liability to account for VAT as governed by the effective date of registration stated on or established by the VAT1 (here 9 March 2021), not by the later date of receipt of a VAT registration number; the Tribunal will only upset HMRC’s exercise of registration discretion where the decision is one no reasonable decision-maker could have made.

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 judgment notes that HMRC’s guidance (Notice 700/1) is a practical measure for dealing with delays between the EDR and receipt of a VRN but does not determine the statutory liability to account for VAT; likewise, problems reissuing invoices or showing VAT before receiving a VRN may attract penalties without affecting underlying liability from the EDR.