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HMRC penalties - Disproportionate?

A recent VAT Tribunal case Enersys Holdings UK Ltd has highlighted the potential to revisit penalties charged by HMRC where the penalty is disproportionate to the error made.

In this case the taxpayer, who had non-standard tax periods, submitted a VAT return one day late due to an error in determining the correct date for submission and received a penalty of £131,881!! The taxpayer appealed and the Tribunal held that the penalty was disproportionate to the error and should therefore be discharged.

If you have received a default surcharge penalty, which seems unreasonable in comparison to the error made please discuss this with us as it may be possible to make a fresh approach to HMRC in the light of this case.

Have a good day!

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Posted by: Shen Yap

February 03 2010


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  • By Tim Reynolds on February 09 2010

    Ouch! You would have thought that the HMRC would have been able to realise themselves that £131,881 for a one day penalty was extreme. The fact that the taxpayer actually had to appeal to remove this penalty is shocking. It truly makes you think, in what environment would a £131,881 penalty actually be fessible before any other action is taken?

    Thanks again for the post. It is good to know that when the HMRC messes up, it is possible to appeal…

  • By Paul Williams on February 23 2010

    Well we all know what the HMRC are like! They sent you penalties for the fun of it! Is it true that tax inspectors get commission based on the amount of £ they retrieve?

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