Xcel Consult Limited v The Commissioners for HMRC

Decision date: 30 January 2025

Neutral citation: [2025] UKFTT 96 (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

Xcel Consult Ltd appealed against HMRC VAT default surcharges but applied for permission out of time; the First-tier Tribunal refused permission because the delay (over five months against a 30‑day statutory appeal period) was "serious and significant" and no good reason was shown. The tribunal also heard the substantive case and found that, on the evidence, the appellant did not have a "reasonable excuse"—reliance on the external accountant and the director's personal difficulties did not objectively amount to a reasonable excuse—so the surcharges would have been upheld.

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 applied that a delay of over five months where the statutory appeal period is 30 days is "serious and significant" and therefore weighs heavily against granting late permission. On the substantive point, reliance on a third‑party adviser will not normally constitute a reasonable excuse under VATA s.71 unless the taxpayer can show they took reasonable steps to ensure the adviser complied; absent such evidence, personal stress, health issues and bereavement that are not supported by detailed proof of impact will not suffice.

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 that HMRC guidance suggesting reliance on someone else can be a reasonable excuse is illustrative and must be read in light of the statutory requirement that taxpayers remain responsible for compliance; it also commented that the guidance could be more clearly worded.