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Wrongdoing penalties

01 September 2009
Issue: 4221 / Categories: News , VAT
Summary of Revenue & Customs Brief 52/09

Revenue & Customs Brief 52/09 outlines the VAT and excise wrongdoing penalties contained in the 2008 Finance Act. A summary of the brief follows.

In essence from 1 April 2010 a new penalty regime applies where any person:

  • makes an unauthorised issue of an invoice showing or including VAT;
  • misuses a product so that a higher rate of excise duty is payable or supplies a product knowing that it will be used in such a way;
  • handles goods subject to unpaid excise duty.

HMRC will not charge a penalty if the person has a reasonable excuse for a non-deliberate act and has remedied the act without unreasonable delay.

If the person is not registered for VAT HMRC can assess a penalty for issuing an unauthorised VAT invoice in addition to recovering the amounts charged as though they...

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