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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. Mitigation of penalties under sections 60, 63, 64 , 67, 69A and 69C.

Section 70 | Mitigation of penalties under sections 60, 63, 64 , 67, 69A and 69C.

From legislation.gov.uk

(1)Where a person is liable to a penalty under section 60, 63, 64 , 67 , 69A or 69Cor under paragraph 10 of Schedule 11A, the Commissioners or, on appeal, a tribunal may reduce the penalty to such amount (including nil) as they think proper.F1F2F3

(2)In the case of a penalty reduced by the Commissioners under subsection (1) above, a tribunal, on an appeal relating to the penalty, may cancel the whole or any part of the reduction made by the Commissioners.

(3)None of the matters specified in subsection (4) below shall be matters which the Commissioners or any tribunal shall be entitled to take into account in exercising their powers under this section.

(4)Those matters are—

(a)the insufficiency of the funds available to any person for paying any VAT due or for paying the amount of the penalty;

(b)the fact that there has, in the case in question or in that case taken with any other cases, been no or no significant loss of VAT;

(c)the fact that the person liable to the penalty or a person acting on his behalf has acted in good faith.

(5)In the application of subsections (3) and (4) in relation to a penalty under section 69C, subsection (4) has effect with the omission of paragraphs (b) and (c).F4

Notes

  1. F1

    Words in s. 70(1) substituted (28.7.2000) by 2000 c. 17, s. 137(3)

  2. F2

    Words in s. 70(1) substituted (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), s. 68(3)(b)

  3. F3

    Words in s. 70(1) inserted (22.7.2004 for specified purposes, 1.8.2004 in so far as not already in force) by Finance Act 2004 (c. 12), s. 19(2), Sch. 2 para. 3; S.I. 2004/1934, art. 2

  4. F4

    S. 70(5) inserted (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), s. 68(3)(c)

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