Radford and Robinson v Commissioners for Her Majesty's Revenue and Customs

Decision date: 14 January 2010

Neutral citation: [2010] UKFTT 31 (TC)

Overall AI summary confidence: low

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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: low

This appeal concerned HMRC's withdrawal of Radford & Robinson's gross payment status under the Construction Industry Scheme after missed self-assessment payments by Mr Robinson. The Tribunal held HMRC's 8 March 2009 letter did not give reasons with sufficient clarity and that effective notification was not given "without delay" (the compliance test date was 4 March 2009), so the cancellation failed the statutory requirement and the appeal was allowed. The Tribunal also found Mr Robinson's ignorance of the legal consequences of late payments did not amount to a reasonable excuse.

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 notice of withdrawal under s66(5) Finance Act 2004 must state reasons with sufficient clarity that a reasonable competent business person can understand them without needing to make further enquiries, and must be given without delay measured from the date of the compliance test; supplying clear reasons significantly later can fail the statutory "without delay" requirement. Ignorance of the legal consequences of late tax payments does not constitute a reasonable excuse for non-compliance.

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 observed (but did not rely on as binding law) that issues of privacy between partners and the perceived harshness of punishing both partners were noted but rejected as constituting a reasonable excuse. The Tribunal applied the "reasonable competent business person" standard in assessing the adequacy of notice and reasonable excuse.