68 Penalty for transactions connected with VAT fraud etc
Finance (No 2) Act 2017 (2017 c 32) | Legislation

68  Penalty for transactions connected with VAT fraud etc

(1)     VATA 1994 is amended as follows.

(2)     After section 69B (penalty for breach of record-keeping requirements imposed by directions) insert—

“69C Transactions connected with VAT fraud

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

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

(b)     conditions A to C are satisfied.

(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).

(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.

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

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

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

(c)     applies a relevant principle of EU case law (whether or not in circumstances that are the same as the circumstances

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