Nunn: VAT surcharge decision highlights MTD penalty threat

Yvette Nunn CTA, director of Berkeley Associates, welcomes a sensible decision in the recent Farrell VAT surcharge case, but fears the tribunal system will not cope unless HMRC ditches automatic penalties when Making Tax Digital for VAT is in full force

Just in case you are not already glued to the outcome of tribunal decisions, I urge you to read the First Tier Tribunal (FTT) decision in the case of Peter Gerard Farrell and HMRC [2019] UKFTT 192 (TC).

For such a minor misdemeanour it is in itself alarming that it took so long to reach the sensible decision to cancel a VAT surcharge in the circumstances, let alone that the taxpayer had to go to such lengths. However, the timing of the decision is actually quite appropriate as I hope it will then be at the forefront of tax agents’ minds when they receive a flood of surcharge liability notices due to Making Tax Digital for VAT mandation.

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