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Just one day late

26 July 2011
Issue: 4314 / Categories: Tax cases , Admin , VAT
Eastwell Manor (TC1155)

The taxpayer a luxury hotel appealed against a VAT default surcharge of £18 453.66 for the quarter ended 30 September 2010. The company had made the payment one day late; it arrived on Monday 8 November instead of Friday 5 November.

The company was aware the money had to be in HMRC’s bank account by 5 November and that it would not reach the bank account until the 8th.

The appellant accepted the payment was not made in a timely manner but argued that the surcharge at 15% was disproportionate.

The First-tier Tribunal judge found the taxpayer had a persistent history of submitting late payments and this was not an isolated case. The company could have taken the appropriate steps to ensure the payment was received in time but had failed to do so.


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