FTTTx VAT – penalty for failure to register – Schedule 41 Finance Act 2008 – whether reasonable excuse or breach of human rights – no – whether penalty qualified for mitigation down to 0% under paragraph 13(5)(a) – meaning of ‘time when tax first becomes unpaid by reason of the failure’ – whether disclosure made within 12 months of that date – whether relevant date was first day of compulsory registration period or date on which first payment of VAT would have been made – held the latter – penalty therefore qualified for potential mitigation to 0% – HMRC had already accepted quality of disclosure merited 100% mitigation within available range – in view of quality of disclosure, penalty should be reduced to nil – appeal allowed
[2013] UKFTT 318 (TC)
Bailii
Finance Act 2008 sch41
England and Wales
VAT
Updated: 17 November 2021; Ref: scu.513465
