Charlotte Brown (Northgate Tax Chambers) examines a recent First-tier Tribunal decision that has provided some welcome clarification regarding the application and scope of the HMDP regulations.
The duty suspension regime for alcohol and tobacco products has been an area of focus for HMRC for some time due to the risks of fraud in the industry. While HMRC should clearly be supported in its fight against fraud its approach has cast a wide net of potential liability for legitimate traders who are not involved in any fraudulent activity. A prime example of this is the strict liability relating to the holder of the movement guarantee the process by which a financial security is provided in relation to a movement of goods in duty suspension.
Regulations 5–7 of the Excise Goods (Holding Movement and Duty Point) Regulations SI 2010/593 (the HMDP regulations) which implemented EC Council...
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Charlotte Brown (Northgate Tax Chambers) examines a recent First-tier Tribunal decision that has provided some welcome clarification regarding the application and scope of the HMDP regulations.
The duty suspension regime for alcohol and tobacco products has been an area of focus for HMRC for some time due to the risks of fraud in the industry. While HMRC should clearly be supported in its fight against fraud its approach has cast a wide net of potential liability for legitimate traders who are not involved in any fraudulent activity. A prime example of this is the strict liability relating to the holder of the movement guarantee the process by which a financial security is provided in relation to a movement of goods in duty suspension.
Regulations 5–7 of the Excise Goods (Holding Movement and Duty Point) Regulations SI 2010/593 (the HMDP regulations) which implemented EC Council...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
