Commentary

V5.266 Trader's VAT returns substantially correct

Part V5 Compliance, enforcement and appeals

V5.266 Trader's VAT returns substantially correct

V5.266 Trader's VAT returns substantially correct

A person may satisfy a tribunal that his returns are, despite the view taken by HMRC, actually correct and that they should be preferred to the assessment1.

The question for consideration under this heading has been posed in the following terms2:

'In our view, the first question for us to decide is whether [the appellant] has established that, on the balance of probabilities, his returns of tax to the Commissioners were substantially correct in relation to his outputs. If the returns of tax were substantially correct, the assessment must be discharged.'

The fact that books are kept neatly and tidily does not, by itself, necessarily carry much

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