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Home / De-Voil /Part V5 Compliance, enforcement and appeals /Division V5.3 Penalties /Civil penalties relating to VAT / V5.302A Civil penalties relating to VAT—overview of key concepts
Commentary

V5.302A Civil penalties relating to VAT—overview of key concepts

Part V5 Compliance, enforcement and appeals

V5.302A Civil penalties relating to VAT—overview of key concepts

This overview of key concepts relating to civil penalties that may arise in relation to VAT provides information about:

  1. Ìý

    •ÌýÌýÌýÌý the concept of reasonable excuse

  2. Ìý

    •ÌýÌýÌýÌý assessment and notification of penalties

  3. Ìý

    •ÌýÌýÌýÌý penalty mitigation and HMRC discretion to waive a penalty

  4. Ìý

    •ÌýÌýÌýÌý civil penalties and interest charges that may arise in relation to VAT with cross-references to more information within this division about each of the penalty and interest charges

The concept of reasonable excuse

A person is not liable to most civil penalties if the person can demonstrate to HMRC or, on appeal, a tribunal, that there was a reasonable excuse for the conduct concerned1.

The test has been put in the following terms2:

'One must ask oneself: was what the taxpayer did a reasonable thing for a responsible trader conscious of and intending to comply with his obligations regarding tax, but having the experience and other relevant attributes of

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