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Commentary

V5.301 Civil penalty or criminal prosecution

Part V5 Compliance, enforcement and appeals

V5.301 Civil penalty or criminal prosecution

HMRC often considers imposing a civil penalty when it is aware of a VAT compliance issue. Alternatively HMRC can consider conducting a criminal investigation. Although HMRC can decide to conduct a criminal investigation, it is not responsible for deciding if a case will be criminally prosecuted. Whether or not a case will be criminally prosecuted is a decision for the independent prosecution authorities1.

Examples of circumstances where HMRC may consider starting a criminal rather than civil investigation include2:

  1. Ìý

    •ÌýÌýÌýÌý cases of organised criminal gangs attacking the tax system or systematic frauds where losses represent a serious threat

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