In Sir J Oldham (Manor House Surgery Glossop v HMRC (and related appeal) (TC01101 – 20 April) two surgeries were bought and sold in January 2010. The agents responsible for the transactions attempted to submit the land transaction returns online in February 2010.
However because of a failure in their computer system the returns were not submitted. The agents did not realise this until March 2010 when they successfully submitted the returns. HMRC imposed penalties and the purchasers appealed.
The First-tier Tribunal dismissed the appeals holding that the problems with the agents’ computer system did not constitute a reasonable excuse. Judge Green held that ‘the agent should have checked and ensured that the SDLT1 had been correctly submitted and the land transaction certificate generated. The purchaser has an obligation to ensure that a timely return is submitted.’
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