The following Value Added Tax guidance note by Tolley provides comprehensive and up to date tax information covering:
This guidance note provides an overview of how a business, or its adviser, is required to notify HMRC if it enters into a VAT avoidance scheme. Anti avoidance ― listed schemes, Anti-avoidance ― hallmark schemes and Anti-avoidance ― analysis of relevant case law guidance notes.
Please note that HMRC has replaced the legislation contained in VATA 1994, s 58A and Sch 11A with a new Schedule that extends the disclosure regime to the majority of indirect taxes with effect from 1 January 2018. Further details on the changes can be found in the Disclosure of tax avoidance schemes for VAT and other indirect taxes (DASVOIT) - introduction guidance note.
HMRC views VAT avoidance as any arrangement or transaction that a party enters into that is intended to give it, or another party, a VAT advantage when compared to another course of action.
It should be noted that businesses are entitled to structure their tax affairs so they can obtain a VAT advantage providing their actions cannot be viewed as being dishonest. However, HMRC does need to be notified if the businesses decides to structure theirs tax
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