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Upper Tribunal: Deliberate or careless error

This case concerned CPR Commercials Limited (CPR), a company which sold commercial vehicles to VAT registered customers based in Ireland. CPR treated these sales as zero rated exports. HMRC was not satisfied that CPR had provided sufficient evidence that goods supplied had been dispatched/exported outside of the UK. HMRC assessed CPR for VAT of £98,820 and penalties of £58,340. The penalty assessments were issued on the ground that CPR’s VAT returns contained inaccuracies in that they treated supplies as zero-rated when CPR did not hold evidence it knew it required to support zero-rating of those supplies. HMRC calculated the penalties on the basis that  the inaccuracies were deliberate.

Source Constable

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