This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Did the appellant have a reasonable excuse?

By Andrew Needham, May 2019

This was an appeal against a default surcharge for which the appellant argued that he had a reasonable excuse.

The appellant’s grounds of appeal were that he was unable to access his online account due to changes made by HMRC without his knowledge or agreement. The appellant had changed his original password and ID in 2016. The appellant attempted to pay his VAT on time but was prevented from doing so because the system did not recognise either his ID number or password.

After a number of attempts to gain access to the account, the appellant contacted the HMRC webchat helpline, which was unable to resolve the problem and suggested that he contacted technical support. He did this only to be told that there was no-one available to speak to him until after the weekend – three days later. 

On the Monday morning, the appellant

Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Was The Reason For An Insufficiency Of Funds A Reasonable Excuse For Late Payment Of The VAT Return?
By Andrew Needham, September 2016
Was A Default Surcharge Penalty Of £70,906 For A Return Being One Day Late Disproportionate?
By Andrew Needham, October 2015
This Cases Looks At Insufficiency Of Funds As A Reasonable Excuse
By Andrew Needham, January 2015
Does a Severe Economic Recession Constitute A Reasonable Excuse For An Insufficiency Of Funds For Submitting Or Paying A VAT Return Late?
By Andrew Needham, November 2014