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VAT interest and penalties: digging through the data

Dr Stephen Daly, lecturer at the Dickson Poon School of Law (King’s College London), and 2023 KCL law graduates Katarina Lau and Daria Nastasiy, analyse the reported first instance tax judgments to see what they tell us about HMRC’s sanctioning decisions and the taxpayers that appealed these decisions.

It goes without saying that enforcing the tax code is important. Tax authorities are rightly granted various powers to deter and punish non-compliance and undercompliance. The ability to charge interest and penalties for underpayment of tax or other breaches of the tax rules (such as failing to file or keep records) is present in nearly every tax system as a result (we say nearly every tax system because that is what the IMF says (see Designing Interest and Tax Penalty Regimes (IMF) 18 March 2019) – presumably the IMF knows of one or two systems where interest and...

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