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.