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24 March 2011
Issue: 7458 / Categories: Case law , Law digest
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Tax

Revenue and Customs Commissioners v Brayfal Ltd, [2011] All ER (D) 139 (Mar)

It was well established that a taxable person who knew or should have known that the transaction which he was undertaking was connected with fraudulent evasion of VAT was to be regarded as a participant and failed to meet the objective criteria which determined the scope of the right to deduct.

If a taxpayer had the means at his disposal of knowing that by his purchase he was participating in a transaction connected with fraudulent evasion of VAT he lost his right to deduct, not as a penalty for negligence, but because the objective criteria for the scope of that right were not met. The principle did not extend to circumstances in which a taxable person should have known that by his purchase it had been more likely than not that his transaction had been connected with fraudulent evasion. The test was simple and should not be over-refined.
 

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
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Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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