ASI Properties Ltd v Revenue & Customs [2011] UKFTT 105 (TC) (03 February 2011)

ASI Properties Ltd v Revenue & Customs [2011] UKFTT 105 (TC) (03 February 2011)

The appellant failed to demonstrate a reasonable excuse for the late filing of the corporation tax return. The explanations provided, whether considered individually or collectively, did not amount to reasonable excuse. The appellant did not act responsibly, failed to make contingency arrangements, and did not communicate with HMRC regarding difficulties. Ignorance of the law and personal difficulties of the director were not sufficient grounds. The penalty was correctly imposed.

Citation
[2011] UKFTT 105 (TC)
Parties
Appellant: ASI Properties Ltd; Respondents: The Commissioners for Her Majesty’s Revenue and Customs
Jurisdiction
United Kingdom
Judgment Date
03 February 2011
Procedural Posture
Tax Penalty Appeal / First Tier Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Late Filing Penalties, Reasonable Excuse, Corporation Tax Returns, Tax Related Penalties
Tax Law Corporation Tax Late Filing Penalties Reasonable Excuse Corporation Tax Returns Tax Related Penalties

Case Brief

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Parties

ASI Properties Ltd

Appellant

The Commissioners for Her Majesty’s Revenue and Customs

Respondents

Procedural Posture

Tax Penalty Appeal / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the appellant had a reasonable excuse for the late filing of its corporation tax return

Ratio Decidendi

The appellant failed to demonstrate a reasonable excuse for the late filing of the corporation tax return. The explanations provided, whether considered individually or collectively, did not amount to reasonable excuse. The appellant did not act responsibly, failed to make contingency arrangements, and did not communicate with HMRC regarding difficulties. Ignorance of the law and personal difficulties of the director were not sufficient grounds. The penalty was correctly imposed.

Court Disposition

Appeal dismissed

Orders

  • The penalty of £82,940 for late filing of the corporation tax return is upheld.