BTN Flooring Ltd v Revenue and Customs (INCOME TAX/CORPORATION TAX : Sub-contractors in the construction industry) [2018] UKFTT 45 (TC) (02 February 2018)

BTN Flooring Ltd v Revenue and Customs (INCOME TAX/CORPORATION TAX : Sub-contractors in the construction industry) [2018] UKFTT 45 (TC) (02 February 2018)

The combination of Ms Naylor’s health problems and her inability to file online, despite genuine attempts to comply and seek assistance, constituted a reasonable excuse for the late filing of CIS returns. The penalties were therefore discharged.

Citation
[2018] UKFTT 45 (TC)
Parties
Appellant: BTN Flooring Ltd; Respondents: The Commissioners for Her Majesty’s Revenue & Customs
Jurisdiction
United Kingdom
Judgment Date
02 February 2018
Procedural Posture
Tax Penalty Appeal / First Tier Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Construction Industry Scheme, Late Filing Penalties, Reasonable Excuse

Case Brief

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Parties

BTN Flooring Ltd

Appellant

The Commissioners for Her Majesty’s Revenue & Customs

Respondents

Procedural Posture

Tax Penalty Appeal / First Tier Tribunal Decision

  1. 1 Whether the appellant had a reasonable excuse for late filing of CIS returns

Ratio Decidendi

The combination of Ms Naylor’s health problems and her inability to file online, despite genuine attempts to comply and seek assistance, constituted a reasonable excuse for the late filing of CIS returns. The penalties were therefore discharged.

Court Disposition

Appeal allowed

Orders

  • Penalties discharged