M R Harris Groundworks (A Partnership) v Commissioners for Her Majesty's Revenue and Customs

Decision date: 30 July 2010

Neutral citation: [2010] UKFTT 358 (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 M R Harris Groundworks satisfied the TMA compliance test for CIS gross payment status after two late CIS deduction payments in Aug–Sep 2008. The First‑tier Tribunal found the partnership had a reasonable excuse under s.118(2) TMA because it reasonably relied on a long‑serving general manager who had day‑to‑day financial control, and the partnership took prompt remedial steps once the defaults were discovered. The appeal was allowed and gross payment status was effectively reinstated.

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’s ratio is that reliance on a trusted employee who had significant and established financial autonomy can constitute a "reasonable excuse" under s.118(2) TMA for late tax payments where that reliance was not unreasonable in the circumstances; further, taking prompt remedial steps upon discovering the defaults supports treating those defaults as excused for compliance purposes.

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 discusses, without treating them as determinative, comparisons with VAT provisions that exclude reliance on third parties and cites prior authorities (e.g. Rowland, Profile Security Systems) as supportive of the proposition that reliance on employees or advisers may amount to a reasonable excuse in direct tax contexts.

Warning

- The chunk contains substantial repeated text and duplication of passages. Notes indicate substantial repetition and some duplication; they may be noisy and not a verbatim or complete record of the judgment.