Echo Construction Ltd v The Commissioners for HMRC

Decision date: 29 August 2023

Neutral citation: [2023] UKFTT 740 (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

Echo Construction Ltd appealed a 5% VAT default surcharge (reduced to £480.71) for late payment of the 04/22 VAT liability. The Tribunal found HMRC proved the default and that notices were properly served to the address on file, and rejected the company's grounds of reasonable excuse (non-receipt of notices, awaiting funds, reliance on deferral). The appeal was dismissed and the surcharge 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: high

The Tribunal applied the statutory default test: a taxpayer is in default where the return or the VAT shown as payable is not paid by the statutory due date, and statutory notices (SLNs/SLNEs) sent to the taxpayer’s address on file are presumed delivered absent contrary evidence. Insufficiency of funds, without an unforeseeable or unavoidable underlying cause despite reasonable foresight and diligence, does not constitute a reasonable excuse for late payment.

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 observes that the default surcharge regime operates mechanistically as Parliament designed and that tribunals should be cautious about importing fairness or proportionality beyond the statutory tests; it also suggests taxpayers subject to the regime are expected to take available steps (such as contacting HMRC Business Payment Support) before the due date to mitigate surcharges.