TLC Incentives Ltd v Revenue & Customs [2011] UKFTT 617 (TC) (07 September 2011)

TLC Incentives Ltd v Revenue & Customs [2011] UKFTT 617 (TC) (07 September 2011)

The appellant had no reasonable excuse for the late VAT payment because, despite technical difficulties, they failed to contact HMRC or take alternative steps to mitigate the default, such as making a payment on account or submitting an estimated return.

Citation
[2011] UKFTT 617
Parties
Appellant: TLC Incentives Ltd; Respondents: The Commissioners for Her Majesty’s Revenue and Customs
Jurisdiction
United Kingdom
Judgment Date
07 September 2011
Procedural Posture
VAT Default Surcharge Appeal / First Tier Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
VAT, Default Surcharge, Reasonable Excuse, Late Payment

Case Brief

Summary, issues, holding and outcome

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Parties

TLC Incentives Ltd

Appellant

The Commissioners for Her Majesty’s Revenue and Customs

Respondents

Procedural Posture

VAT Default Surcharge Appeal / First Tier Tribunal Decision

  1. 1 Whether the appellant had a reasonable excuse for late payment of VAT resulting in a default surcharge

Ratio Decidendi

The appellant had no reasonable excuse for the late VAT payment because, despite technical difficulties, they failed to contact HMRC or take alternative steps to mitigate the default, such as making a payment on account or submitting an estimated return.

Court Disposition

Appeal dismissed

Orders

  • The VAT default surcharge of £3,172.91 is upheld.