No: C&E 10 29 November 1994 BUDGET 1994 : VAT REDUCTIONS IN THE RATES OF VAT PENALTIES In his Budget statement the Chancellor announced further reforms to the VAT penalty regime. From 1 January 1995: - the maximum penalties for failure to register for VAT, or to notify Customs of the importation of new means of transport (generally vehicles) or goods liable to excise duty and pay the VAT on time, will be reduced from 30 to 15 per cent of the net tax due. The intermediate rate will be reduced from 20 to 10 per cent and the lower rate from 10 to 5 per cent; and - the penalty for unauthorised issue of tax invoices will be reduced from 30 to 15 per cent of the amount charged as tax. The Chancellor's intention is to bring the rates for these penalties into line with the other VAT penalties which were reviewed and deregulated in 1993. NOTES FOR EDITORS 1. A package of measures to improve VAT compliance was introduced in the 1985 Finance Act following the recommendations of the Keith Committee. The measures were revised in 1988 and, following a review and trade consultation, further reforms to most penalties were announced in the March 1993 Budget. The reforms were designed to reduce the number and severity of penalties whilst at the same time maintaining trader compliance. The penalties being reformed on this occasion were not affected by the 1993 changes. 2. Traders are liable to register for VAT when their taxable turnover exceeds the VAT registration threshold. The penalty for belated notification of registration is calculated as a percentage of the net tax due over the period of lateness and is graduated according to lateness. The minimum penalty is Pounds 50. 3. The penalty for failure to notify the importation from another European Community Member State ("acquisition") of a new means of transport (mostly vehicles but also boats and light aircraft) or goods liable to excise duty within 7 days, and/or failure to pay the tax due within 30 days, was introduced as part of the legislation implementing the single market and came into effect on 1 January 1993. The penalties are graduated according to lateness, with a minimum penalty of Pounds 50. 4. The penalty for issuing an invoice charging tax when not registered for VAT is 30 per cent of the amount charged as tax, with a minimum of Pounds 50. 5. There is no liability to any of these penalties if an individual can satisfy Customs or a VAT and Duties Tribunal that there is a reasonable excuse for their actions. 6. The Commissioners and Tribunal have the power to take mitigating circumstances into account when imposing or reviewing any of these penalties. 7. The reduction in receipts from penalties is estimated to be negligible. The changes will have no effect on the tax revenue. 8. A Compliance Cost Assessment (reference CCA 8) is available, copies of which can be obtained from Jill Lewis, BACU3, 10th floor W, HM Customs & Excise, New King's Beam House, 22 Upper Ground, London SE1 9PJ (Tel No: 0171-865-5570). 9. Details for traders are available in Budget notice BN 107/94. ISSUED BY: HM CUSTOMS AND EXCISE, PRESS AND INFORMATION OFFICE, NEW KING'S BEAM HOUSE, 22 UPPER GROUND, LONDON, SE1 9PJ TELEPHONE: 0171 865 5468/5470/5471 FAX: 0171 865 5625