R v Takkar

VAT
In R v Takkar (CA – 18 March) following an investigation into a VAT MTIC fraud a company director (T) was convicted of conspiracy to cheat the public revenue cheating the public revenue and fraudulent trading. The Guildford Crown Curt imposed a confiscation order of £5 320 420. The CA dismissed T’s appeal applying the principles laid down in R v May [2009] STC 852. Stanley Burnton LJ observed that T had obtained a ‘pecuniary advantage by reason of the evasion of the VAT liability’. Accordingly he must be treated ‘as having received a sum of money equal in value to that VAT liability’

Why it matters: Where a director is convicted of a MTIC fraud the court is likely to make a confiscation order in respect of the whole of the VAT evaded even if the director did not himself...