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Finance Act 2008

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Changes over time for: Paragraph 5

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Version Superseded: 15/03/2018

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Status:

Point in time view as at 08/03/2017.

Changes to legislation:

Finance Act 2008, Paragraph 5 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

5(1)A failure by P to comply with a relevant obligation is—U.K.

(a)“deliberate and concealed” if the failure is deliberate and P makes arrangements to conceal the situation giving rise to the obligation, and

(b)“deliberate but not concealed” if the failure is deliberate but P does not make arrangements to conceal the situation giving rise to the obligation.

(2)The making by P of an unauthorised issue of an invoice showing VAT is—

(a)“deliberate and concealed” if it is done deliberately and P makes arrangements to conceal it, and

(b)“deliberate but not concealed” if it is done deliberately but P does not make arrangements to conceal it.

(3)The doing by P of an act which enables HMRC to assess an amount of duty as due from P under a relevant excise provision is—

(a)“deliberate and concealed” if it is done deliberately and P makes arrangements to conceal it, and

(b)“deliberate but not concealed” if it is done deliberately but P does not make arrangements to conceal it.

(4)P's acquiring possession of, or being concerned in dealing with, goods on which a payment of duty is outstanding and has not been deferred is—

(a)“deliberate and concealed” if it is done deliberately and P makes arrangements to conceal it, and

(b)“deliberate but not concealed” if it is done deliberately but P does not make arrangements to conceal it.

Commencement Information

I1Sch. 41 para. 5 in force at 1.4.2010 with effect in accordance with art. 3 by S.I. 2009/511, art. 2

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