Vividas Ltd v Revenue & Customs [2009] UKFTT 100 (TC) (13 May 2009)
Interest is properly chargeable on late-paid VAT following voluntary disclosure, as it is commercial restitution and not a penalty; the rate is set by regulation and neither HMRC nor the Tribunal has discretion to alter it.
Source-derived case information.
- Citation
- [2009] UKFTT 100
- Parties
- Appellant: Vividas Limited; Respondents: The Commissioners for Her Majesty's Revenue and Customs (VAT)
- Jurisdiction
- United Kingdom
- Judgment Date
- 13 May 2009
- Procedural Posture
- Tax Appeal / First Tier Tribunal Decision
- Outcome
- Appeal dismissed
- Legal Topics
- VAT, Interest on Tax, Voluntary Disclosure, Correction of Errors
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vividas Limited
Appellant
The Commissioners for Her Majesty's Revenue and Customs (VAT)
Respondents
Procedural Posture
Tax Appeal / First Tier Tribunal Decision
Legal Issues
- 1 Whether interest charged on VAT following voluntary disclosure of errors is properly payable
- 2 Whether interest constitutes a penalty for honesty
- 3 Whether the interest rate applied is excessive or absurd
Ratio Decidendi
Interest is properly chargeable on late-paid VAT following voluntary disclosure, as it is commercial restitution and not a penalty; the rate is set by regulation and neither HMRC nor the Tribunal has discretion to alter it.
Court Disposition
Appeal dismissed
Full Case Text
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