Simplified Import VAT Accounting Scheme (SIVA); Excise Payment Security System Scheme (EPSS); Refusal to waive need to provide security to defer import VAT and excise duty; statutory discretion; whether refusal unreasonable having regard to HMRC published criteria; Value Added Tax Act 1994 s16(1)(4)and(8); Customs Excise and Management Act 1979 ss45 and127A, The Customs Duties (Deferred Payment) Regulations 1976 SI 1976/1223, regulation 4 Value Added Tax Regulations 1995, regulations 121A, 121B, SI 1995/2518, Value Added Tax (Amendment) (No 5) Regulation 2003, SI 2003/2318 Council Regulation 2913/92/EEC (Community Customs Code), Article 225, The Excise Duty (Deferred Payment) Regulations 1992 SI no 1092/3152 regulations 8 and 9; Notice 101 (Deferring Duty, VAT and other charges), Notice SIVA 1 (Simplified VAT Accounting); appeal allowed.
Citations:
[2012] UKFTT 74 (TC)
Links:
Jurisdiction:
England and Wales
VAT
Updated: 16 May 2022; Ref: scu.450798