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Swanfield Ltd and Others v Revenue & Customs; FTTTx 9 Jun 2015

References: [2015] UKFTT 274 (TC)
Links: Bailii
FTTTx VALUE ADDED TAX – default surcharge – allocation of payments – whether VAT due at time of payments – whether surcharges plainly unfair – if so, whether within state’s margin of appreciation – whether poor financial position of companies a reasonable excuse for late payment as a consequence of financing arrangements – no – whether sufficient evidence as to financial position – no – whether appropriate to consider in the alternative the question of lateness of returns – yes, if reasonable excuse for late payment had been established – appeals dismissed, subject to reductions of certain surcharges

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