The appellant’s business model led to a predictable cash shortage for paying VAT. They had opportunities to seek financing or alternative solutions but did not. The appellant deliberately used VAT funds for other purposes, disregarding their duty to pay. The late payment was not justified by a small advertising payment. The appellant’s failure to follow HMRC advice was unreasonable. The tribunal concluded that there was no reasonable excuse for the late payment, and the appeal was dismissed. The parties have the right to apply for permission to appeal within 56 days.
Source: bailii.org
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