Finch and Partners Limited v Commissioners for Her Majesty's Revenue and Customs

Decision date: 10 November 2010

Neutral citation: [2010] UKFTT 563 (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 £368,586.57 on Finch and Partners' VAT return was correctly removed as subject to the reverse charge, the amount of VAT on the amended return that was paid late, and whether the appellant had a reasonable excuse under s.59(7) VATA 1994. The tribunal held the £368,586.57 was subject to the reverse charge, that £59,951.97 of VAT on the amended return was paid late, and that there was no reasonable excuse; the surcharge was upheld only to the extent relating to that late-paid amount and otherwise set aside.

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

The tribunal proceeded on the basis of what was actually shown on the amended return after the reverse-charge adjustment; where an amount is removed from a return following such a finding, the appeal must be determined on the amended figures. Additionally, a taxpayer’s deliberate decision to delay payment of an amount that could have been paid earlier does not constitute a reasonable excuse merely because of a mistaken belief about how a surcharge would be calculated.

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 indicated it would not disturb trivial numerical discrepancies (here 57 pence) and accepted HMRC’s amended figure for finality. It also remarked that a taxpayer’s misconception about surcharge calculation does not alter the due date for payment; these comments appear as non-binding observations.

Warning

quality:contains_crown_copyright Document contains repetitive passages and minor numeric discrepancies but the tribunal resolves these for finality. Notes contain repetitive passages and minor numeric discrepancies; they appear materially resolved by the tribunal but the record is somewhat noisy.