G Seeff (t/a TPL Associates) v HMRC

In G Seeff (t/a TPL Associates) v HMRC (TC02738 – 17 June) a management consultant (S) voluntarily registered for VAT in 2007 However his turnover never reached the registration threshold and he deregistered from December 2011. In applying for deregistration he requested that his VAT liability from 2007 to 2011 should be recomputed retrospectively adopting the flat-rate scheme. HMRC rejected this request but the First-tier Tribunal allowed S’s appeal. Judge Staker observed that S ‘need never have registered for VAT at all’ and found that ‘in the present case there are exceptional circumstances justifying retrospectivity’.

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Why it matters: In most cases where an appellant has requested that the flat-rate scheme should be operated retrospectively the First-tier Tribunal has rejected the request. However this case was unusual because it was clear that the appellant need never have...