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LLR: Financial Crime

FONECOMP LTD v THE COMMISSIONERS FOR HER MAJESTY’S REVENUE AND CUSTOMS

[2015] Lloyd's Rep FC 149

COURT OF APPEAL(CIVIL DIVISION)

Before Lady Justice Arden,Lord Justice McFarlane,Lord Justice Burnett

Value added tax – Right to claim repayment of input VAT – Contra-trading – Fraudulent tax evasion – No requirement for fraud to be in the same linear chain of supply as the purchase subject to the repayment claim – No requirement that the purchase provided tangible assistance for the fraud – Level of trader’s knowledge or constructive knowledge of the fraud.

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