Jocuguma Properties Ltd v HMRC

In Jocuguma Properties Ltd v HMRC [2021] UKFTT 20 (TC) (27 January 2021) the taxpayer’s appeal was allowed in part.

The taxpayer failed to file an annual tax on enveloped dwellings (ATED) return for 2018/19 because it was unaware of the obligation to do so. Eventually the return was filed 11 months late. HMRC imposed late filing penalties.

The taxpayer accepted and paid the initial £100 fine but it appealed against the six-month and daily penalties on various grounds. These included that the penalties were disproportionate given there was no loss of tax the taxpayer had acted in good faith throughout it had not gained from the late filing it paid the £100 penalty promptly and HMRC had not had to chase it for the return.

The FTT accepted the taxpayer had made a genuine mistake but the legislation did ‘not provide shelter for mistakes ...