Waseem Shahid v The Commissioners for HMRC

Decision date: 18 August 2023

Neutral citation: [2023] UKFTT 716 (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 penalties under Schedule 41 TMA for failure to notify chargeability to the High Income Child Benefit Charge for 2014/15–2017/18. The appellant accepted the tax but argued he had a reasonable excuse because he was unaware of the detailed HICBC requirements until a 2019 "nudge" letter; the tribunal found his evidence credible, accepted the reasonable-excuse defence, and held he remedied the failure without unreasonable delay after contact with HMRC, quashing the penalties.

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 held that ignorance of applicable tax requirements can, in appropriate circumstances and judged objectively against the taxpayer’s attributes, amount to a reasonable excuse for failing to notify chargeability; further, prompt engagement with HMRC and taking reasonable time to clarify a newly discovered liability can mean that remedial action is not "without unreasonable delay."

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, where a spouse knows the statutory criteria but not the partner’s income, the parties’ collective knowledge may be incomplete, but only the individual taxpayer's excuse is relevant in a penalty appeal. The tribunal also noted (without deciding) issues about HMRC disclosing a spouse’s tax information to the other spouse.