Peter Donaghy v Commissioners for Her Majesty's Revenue and Customs

Decision date: 3 May 2011

Neutral citation: [2011] UKFTT 283 (TC)

Overall AI summary confidence: high

AI Notice: Any short overview, ratio decidendi summary or obiter dicta summary shown on this page is AI-generated, provided only to help users assess potential relevance more quickly, and may be wholly inaccurate. No liability is accepted for the accuracy of any such summary, regardless of any AI confidence rating shown. Users should check the underlying decision and obtain appropriate legal advice rather than relying on any summary.

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 challenged a £500 employer penalty for late filing of a P35 for 2009/2010; the return was filed online on 11 October 2010 instead of by 19 May 2010. The appellant relied on cessation of trading, prior payment of PAYE/NIC and issuance of P45s, and asserted no loss to revenue and no benefit obtained. The First-tier Tribunal found no reasonable excuse, held the statutory penalties were lawfully imposed, and dismissed the 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: high

The Tribunal treated the controlling principle as that where statute mandates penalties for late returns the Tribunal has no power to remit them except where a taxpayer can establish a statutory "reasonable excuse"; ceasing to trade and having paid PAYE/NIC and issued P45s does not of itself discharge the statutory obligation to submit the end-of-year return by the filing date.

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 that an absence of correspondence or reminder from HMRC, absence of actual loss to the Revenue, and absence of intention to benefit do not, by themselves, constitute a reasonable excuse for late filing.

Warning

This chunk includes substantial repeated passages of the same material, making it somewhat repetitive. Notes include substantial repetition and therefore may be noisy, though no specific material gaps are indicated.