Podcast Location:
Download it here [file size: 25.6 MB]
Categories:
Fraud, Financial Crime & Anti-Money Laundering
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast examines recent developments in VAT caselaw, particularly focusing on The Commissioners for Her Majesty’s Revenue and Customs v Livewire Telecom Limited, found at [2009] EWHC 15 (Ch.) and the appropriate tests to be applied by the VAT Tribunal.

Outcomes:
After completing the course you will:
  • Understand what is meant by the phrase MTIC or 'missing trader intra-community';
  • Appreciate that MTIC frauds can involve both importers and exporters;
  • Understand the relevance of intermediaries;
  • Know what is meant by 'dirty chain';
  • Understand why the types of goods involved in these frauds are often mobile phones and computer chips;
  • Appreciate the tension between legitimate traders and the HMRC;
  • Know when the HMRC is entitled to refuse to pay the claim for VAT of a broker;
  • Understand the distinction between 'straight' MTIC frauds and alleged contra trading;
  • Know whether a taxable person has a duty to take precautions so as not to be involved in fraud;
  • Know the significant cases in this area since Livewire.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Introduction
Practical Guide
Sources and References:
  • The Commissioners for Her Majesty's Revenue and Customs v Livewire Telecom Limited [2009] EWHC 15;
  • Agip (Africa) Ltd v Jackson [1990] Ch 265;
  • Calltel Telecom Limited, Opto Telelinks (Europe) Limited v The Commissioners for Her Majesty's Revenue and Customs [2009] EWHC 1081 (Ch);
  • Blue Sphere Global Ltd v The Commissioners for Her Majesty's Revenue & Customs [2009] EWHC 1150 (Ch).

In this CPDcast, Chris Badger, a barrister at 23 Essex Street, examines the law surrounding VAT Enforcement and the role of the VAT Tribunal. He also discusses how the case of Livewire Telecom Limited and how it has influenced this area of law. Throughout the podcast, Chris defines key terms associated with VAT Enforcement and the tests applied by the VAT Tribunal.

Podcast last reviewed: 2012-01-30

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