BIM31610 - VAT: penalties & repayment supplement
HMRC can raise interest and penalty charges in connection with VAT and pay VAT repayment supplements (similar to IT repayment supplements). ICTA88/S827 provides that:
- the following payments are not deductible in computing any income, profits or losses for tax purposes:
i) a penalty under any of Value Added Tax Act 1994(VATA94) S60 - S70,
ii) interest payable under VATA94/S74,
iii) a surcharge under VATA94/S59.
- VAT repayment supplement under VATA94/S79 should be disregarded for CT and IT purposes (but see below).
Interest payable by HMRC in respect of certain cases of official
error under VATA94/S78 is not within the ICTA88/S827 exemption and
is therefore not exempt from either IT or CT.
Details of the VAT penalties etc. which arise under
VATA94/S60 - S70 are given below.
VATA94/S72 provides for the criminal treatment of VAT
offences. Section 152 of the Customs & Excise Management Act
1979 allows HMRC to compound any proceedings for an offence. In
compounded cases a settlement is made on the basis of the arrears
of tax plus interest, plus a figure representing a penalty.
The VAT penalties etc., which can arise are:
- VATA94/S59 - the default surcharge (penalties for repeated failures to make VAT returns or pay the tax chargeable in certain circumstances).
- VATA94/S60 - evasion of VAT.
- VATA94/S61 - VAT evasion: liability of directors, etc.
- VATA94/S62 - incorrect certificates as to zero-rating etc.
- VATA94/S63 - misdeclaration or neglect resulting in VAT loss for one accounting period equalling or exceeding certain amounts.
- VATA94/S64 - repeated misdeclarations.
- VATA94/S65 - inaccuracies in EC sales statements.
- VATA94/S66 - penalties for failure to submit EC sales statement.
- VATA94/S67 - failure to notify liability to VAT or the issue of unauthorised VAT invoices.
- VATA94/S68 - breaches of walking possession agreement (that is, an agreement not to sell or remove property under distraint, but left in the possession of the defaulter.
- VATA94/S69 - breaches of regulatory provisions relating to VAT.
- VATA94/S72 - criminal offences: fraudulent evasion of VAT, submission of false documents, dealing in goods of which VAT is evaded, making supplies without providing security.
- VATA94/S74 - interest of VAT recovered or recoverable by assessment.
