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Legislation
Value Added Tax Act 1994

Crossheading Default surcharges and other penalties and criminal offences

  • Section 59 The default surcharge.
  • Section 59A Default surcharge: payments on account.
  • Section 59B Relationship between sections 59 and 59A.
  • Section 60 VAT evasion: conduct involving dishonesty.
  • Section 61 VAT evasion: liability of directors etc.
  • Section 62 Incorrect certificates as to zero-rating etc.
  • Section 63 Penalty for misdeclaration or neglect resulting in VAT loss for one accounting period equalling or exceeding certain amounts.
  • Section 64 Repeated misdeclarations.
  • Section 65 Inaccuracies in section 55A statements
  • Section 66 Failure to submit section 55A statement
  • Section 67 Failure to notify and unauthorised issue of invoices.
  • Section 67A Breach of controlled goods agreement
  • Section 68 Breaches of walking possession agreements.
  • Section 69 Breaches of regulatory provisions.
  • Section 69A Breach of record-keeping requirements etc. in relation to transactions in gold.
  • Section 69B Breach of record-keeping requirements imposed by directions
  • Section 69C Transactions connected with VAT fraud
  • Section 69D Penalties under section 69C: officers' liability
  • Section 69E Publication of details of persons liable to penalties under section 69C
  • Section 70 Mitigation of penalties under sections 60, 63, 64 , 67, 69A and 69C.
  • Section 71 Construction of sections 60 to 70.
  • Section 72 Offences.
  1. Default surcharges and other penalties and criminal offences
  2. Transactions connected with VAT fraud

Section 69C | Transactions connected with VAT fraud F1

From legislation.gov.uk

(1)A person (T) is liable to a penalty where—F1

(a)T has entered into a transaction involving the making of a supply by or to T (“the transaction”), andF1

(b)conditions A to C are satisfied.F1

(2)Condition A is that the transaction was connected with the fraudulent evasion of VAT by another person (whether occurring before or after T entered into the transaction).F1

(3)Condition B is that T knew or should have known that the transaction was connected with the fraudulent evasion of VAT by another person.F1

(4)Condition C is that HMRC have issued a decision (“the denial decision”) in relation to the supply which—F1

(a)prevents T from exercising or relying on a VAT right in relation to the supply,F1

(b)is based on the facts which satisfy conditions A and B in relation to the transaction, andF1

(c)applies a relevant principle of EU case law (whether or not in circumstances that are the same as the circumstances in which any relevant case was decided by the European Court of Justice).F1

(5)In this section “VAT right” includes the right to deduct input tax, the right to apply a zero rate to international supplies and any other right connected with VAT in relation to a supply.F1

(6)The relevant principles of EU case law for the purposes of this section are the principles established by the European Court of Justice in the following cases—F1F2F3

(a)joined Cases C-439/04 and C-440/04 Axel Kittel v. Belgian State; Belgium v. Recolta Recycling (denial of right to deduct input tax), andF1

(b)Case C-273/11 (b)Mecsek-Gabona Kft v Nemzeti Adó- és Vámhivatal Dél-dunántúli Regionális Adó Főigazgatósága (denial of right to zero rate),F1

as developed or extended by that Court in any other cases relating to the denial or refusal of a VAT right in order to prevent abuses of the VAT system which were decided before the coming into force of section 42 of TCTA 2018.

(7)The penalty payable under this section is 30% of the potential lost VAT.F1

(8)The potential lost VAT is—F1

(a)the additional VAT which becomes payable by T as a result of the denial decision,F1

(b)the VAT which is not repaid to T as a result of that decision, orF1

(c)in a case where as a result of that decision VAT is not repaid to T and additional VAT becomes payable by T, the aggregate of the VAT that is not repaid and the additional VAT.F1

(9)Where T is liable to a penalty under this section the Commissioners may assess the amount of the penalty and notify it to T accordingly.F1

(10)No assessment of a penalty under this section may be made more than two years after the denial decision is issued.F1

(11)The assessment of a penalty under this section may be made immediately after the denial decision is made (and notice of the assessment may be given to T in the same document as the notice of the decision).F1

(12)Where by reason of actions involved in making a claim to exercise or rely on a VAT right in relation to a supply T—F1

(a)is liable to a penalty for an inaccuracy under paragraph 1 of Schedule 24 to the Finance Act 2007 for which T has been assessed (and the assessment has not been successfully appealed against by T or withdrawn), orF1

(b)is convicted of an offence (whether under this Act or otherwise),F1

those actions do not give rise to liability to a penalty under this section.

Notes

  1. F1

    Ss. 69C-69E inserted (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), s. 68(2) (with s. 68(7))

  2. F2

    Words in s. 69C(6) substituted (31.12.2020) by Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 62(a) (with Sch. 8 para. 99) (with savings and transitional provisions in S.I. 2019/105 (as amended by S.I. 2020/1495, regs. 1(2), 21), S.I. 2020/1545, Pt. 4 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(b) (with reg. 7)

  3. F3

    Words in s. 69C(6) inserted (31.12.2020) by Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 62(b) (with Sch. 8 para. 99) (with savings and transitional provisions in S.I. 2019/105 (as amended by S.I. 2020/1495, regs. 1(2), 21), S.I. 2020/1545, Pt. 4 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(b) (with reg. 7)

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