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May the Force be with you: Luke Skywalker and VAT avoidance

03 January 2018      Amanda Darley, Head of Operations and Engagement

Sadly, HMRC has resisted naming the new VAT avoidance disclosure regime in a similar manner to the old regime, i.e. the VAT Avoidance Disclosure Regime (or VADR), which disappointingly removes the opportunity to refer to it as Luke Skywalker (or Son of VADR). However, the new (and somewhat inelegantly named) 'Disclosure of Tax Avoidance Schemes for VAT and other indirect taxes', or ‘DASVOIT’, regime did come into force on 1 January 2018.

While your university will hopefully not need to disclose anything under the new rules, it is worth familiarising yourself with the rules to ensure that you don't inadvertently fall foul of them - we all know how easy it is for new legislation, and anti-avoidance legislation in particular, to have unintended consequences on perfectly innocent arrangements and transactions. For example, some of the listed schemes are not particularly uncommon arrangements (such as granting a major interest in a zero-rated building to a connected party in particular circumstances, leaseback arrangements etc.). In addition, you may need to re-notify HMRC under the new rules even if you had notified them under the old rules.

Penalties for failure to notify at the correct time are 15% of the VAT saving for listed schemes and £5,000 for hallmarked schemes. HMRC has just updated VAT Notice 700/8: disclosure of VAT avoidance schemes which sets out the arrangements that are notifiable. See our full news article for more details.



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