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Failure to keep documents and afford facilities (VATA 1994, s 73(1))

HMRC may assess the amount of tax due from a person who has failed to keep any documents and afford the facilities necessary to verify any returns made by him¹. It is suggested that the word 'and' should be read disjunctively² so that a person who fails to afford facilities for verification may be assessed whether or not he has failed to keep the relevant documents. The amount of tax due must be assessed to HMRC's best judgement³.

The 'amount of tax due' does not include an amount recoverable under VATA 1994, Sch 11, para 5(2), (3) (invoice showing amount as VAT) which is not itself VAT⁴.

A failure to afford facilities may arise, for example, in relation to HMRC's powers to inspect premises, goods and computers; to take samples; or to require a gaming machine to be opened⁵.

Documents play an important role in relation to input tax credit⁶,