In John Pettitt v HMRC [2019] TC7451 reliance on a tax agent was not a reasonable excuse and late filing penalties of £1,935 were upheld by the FTT.

The taxpayer appealed late and then his new accountants appealed. It was claimed that he had a reasonable excuse for late filing: reliance on a third party and made a request to have the penalty mitigated to nil as a special circumstance.

The FTT found that:

The FTT found that reliance on a third party was not a reasonable excuse:

"The fact is that when a taxpayer has asked an agent to do something on their behalf, they are responsible for ensuring that the agent carries out the task. They cannot claim to have a reasonable excuse merely because they delegated the task to an agent to complete it. Reliance on a third party is not a reasonable excuse."

Finding no other special circumstances and the penalty was upheld.

Comment

Penalties certainly put pressure on tax agents. In this case they were buying the practice of the old agent at the time.

Useful guides

Penalties: SA late filing and payment
Worked examples and useful stuff

How to appeal tax penalties (subscribers)
Step by step guide to making a successful appeal

Grounds for Appeal: reasonable excuse (subscribers)
Reliance on an agent and other taxpayer excuses

Penalties: Grounds for Appeal toolkit (subscribers)
Checklist of other reasons to appeal penalties

 

External links

John Pettitt v HMRC [2019] TC7451