Were coronavirus and childbirth reasonable excuses for lateness?
A company paid its VAT bills late. The director argued that there was a reasonable excuse due to coronavirus, and his partner giving birth. HMRC rejected this, so he appealed to the tax tribunal. What was the outcome?

Hawksmoor Construction Ltd (H), paid its VAT liability for the September 2020 and March 2021 periods late. This triggered a default surcharge notice, and when part of the next quarter’s liability was paid late, HMRC imposed a 5% penalty. The sole director of H tried to appeal against the penalty on the basis that the due date coincided with his absence from work for three weeks. This was due to him and his partner contracting coronavirus and being required to isolate, and also that his partner gave birth during this period.
The First-tier Tribunal rejected the reasonable excuse appeal. It agreed with HMRC that, whilst contracting coronavirus was unfortunate, there should have been provisions in place to ensure deadlines were met in the absence of key staff. It also stated that the birth of a child was not an “unforeseen event”, and observed that H appeared to have collected the VAT from customers but used this to pay business expenses rather than setting it aside to pay HMRC. As a result, the bar to persuade the tribunal was set very high, and H fell short of this.
Related Topics
-
Scammers already targeting pensioners over winter fuel payments
Phishing attacks are already being sent to pensioners purporting to be from the Department for Work and Pensions (DWP). What’s going on and how can you avoid becoming a victim?
-
Changes to NDAs from 1 October 2025
From 1 October 2025 non-disclosure agreements (NDAs) will become unenforceable if they prevent victims of crime from making certain disclosures. What does the new law say?
-
When will you have to register your new business for MTD?
The timetable for mandatory use of Making Tax Digital for Income Tax Self-Assessment (MTD ITSA) by existing businesses is well established. But when must you use MTD ITSA if you start a new business or create a new income stream?