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HMRC internal manual

VAT Civil Penalties

Breach of VAT Regulatory Provisions: Action to take with Regulatory Penalties: Breach of Regulatory Provisions Letter 7

If you are issuing a penalty assessment letter under Section 69 (1) ( c) to (f) for a registered trader, it should include the text

Assessment under Section 76 of the VAT Act 1994 – breach of regulatory provisions


Name of trader -–-–-–-–-–-–-–-–-–-—- VAT Registration Number

I have to inform you that by your (continued**) failure to -–-–-—* -–-–-—- you have incurred a penalty under the VAT Act 1994 Section 69. I enclose a notice of assessment (form VAT 291).

I must also warn you that if within 2 years following the service/date** of this letter you fail to comply with XX* you will be liable to a further penalty under Section 69 VAT Act 1994. No further warning letter will be sent.

The penalty is £5 each day the failure continues if there has been no previous breach of this regulation in the 2 year period prior to the beginning of your failure to comply with the regulation. The daily penalty is, however, £10 per day if there has been a previous breach within the 2 year period and £15 per day if there has been more than one breach within the 2 year period and for subsequent breaches within the 2 year period. The penalty is raised up to a maximum limit of 100 days for each period of failure and will be the greater of the sum of the daily penalties or £50.

Yours faithfully

  • Insert relevant text

** delete as appropriate