Mr Simon Levin v Commissioners for Her Majesty's Revenue and Customs

Decision date: 13 May 2010

Neutral citation: [2010] UKFTT 217 (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 a 5% surcharge (£521.37) imposed for late payment of Mr Levin’s 2008 self-assessment tax liability, which was due 31 January 2009 and paid on 2 March 2009. The Tribunal held Mr Levin did not show a "reasonable excuse" for the whole period of default (31.01.2009–01.03.2009), rejecting reliance on HMRC reminders or online filing difficulties. The appeal was dismissed and the surcharge confirmed.

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

A taxpayer who cannot show a reasonable excuse that existed throughout the entire period of default is liable for the statutory surcharge; in these factual circumstances expecting HMRC reminders or asserting problems with HMRC’s online system did not amount to a reasonable excuse for the full period of default.

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 (consistently with HMRC practice as recorded) treated "reasonable excuse" as limited to exceptional matters beyond the taxpayer’s control (for example serious illness or bereavement) and indicated taxpayers are expected to know and meet statutory payment dates even if reminders are not received.

Warning

Chunk is repetitive and contains duplicated passages. Notes are somewhat repetitive and contain duplicated material; they appear to be an incomplete judgment of the full judgment.