SCHEDULES

C3C4C1SCHEDULE 41Penalties: failure to notify and certain VAT and excise wrongdoing

Annotations:
Modifications etc. (not altering text)
C3

Sch. 41 modified (with effect in accordance with s. 42(2), Sch. 12 para. 29(1) of the amending Act) by Finance Act 2018 (c. 3), Sch. 12 paras. 33, 34

C4

Sch. 41 applied (with modifications) (22.7.2020) by Finance Act 2020 (c. 14), Sch. 16 para. 11(6) (with Sch. 16 para. 11(7))

C1

Sch. 41 applied (with modifications) (22.7.2020) by Finance Act 2020 (c. 14), Sch. 16 para. 13

Handling goods subject to unpaid excise duty F1etc

Annotations:
Amendments (Textual)

I1C24

1

A penalty is payable by a person (P) where—

a

after the excise duty point for any goods which are chargeable with a duty of excise, P acquires possession of the goods or is concerned in carrying, removing, depositing, keeping or otherwise dealing with the goods, and

b

at the time when P acquires possession of the goods or is so concerned, a payment of duty on the goods is outstanding and has not been deferred.

F31A

A penalty is payable by a person (P) where—

a

after a charge to soft drinks industry levy has arisen in respect of chargeable soft drinks, P acquires possession of them or is concerned with carrying, removing, depositing, keeping or otherwise dealing with them, and

b

at the time when P acquires possession of the chargeable soft drinks or is so concerned, a payment of soft drinks industry levy in respect of the chargeable soft drinks is due or payable and has not been paid.

2

In F5this paragraph—

  • “excise duty point” has the meaning given by section 1 of F(No.2)A 1992 F2(and includes any excise duty point created or deemed to be created as a result of provision in regulations under section 45 of the Taxation (Cross-border Trade) Act 2018 (general regulation making power for excise duty purposes etc)), and

  • “goods” has the meaning given by section 1(1) of CEMA 1979.

  • F4“chargeable soft drinks” has the same meaning as in Part 2 of FA 2017.