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    25-2-2015 1:45 pm  #1

    Connect
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    Civil Evasion Penalty

    Hello, recently I recieved a penalty of £1300 from HMRC after I had some tobacco products seized from the Canaries over 1 year ago. I'm not sure what to do. Is this penalty the final demand or do they ask for duty as well as it says the penalty is equal to the duty evaded? Can i get my tobacco back? I really cant afford to pay this as my circumstnces are really bad and they want the money in full within a month. Thanks for any guidance,
















     

     

    25-2-2015 6:17 pm  #2

    eezyrider
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    Re: Civil Evasion Penalty

    Can't help you with that one I'm afraid. Allowances from outside the EU are set in stone and generally there is no defence, you certainly will not get your goods back. I guess you must have been carrying 5 or 6 kilos?....the limit is 250grams.

    You can apply to HMRC for ''hardship relief'' and if they refuse you can apply to the tribunal. If they agree you will probably still have to pay but will be able to negotiate payment terms.

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    25-2-2015 8:02 pm  #3

    Connect
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    Re: Civil Evasion Penalty

    Ok, but is the Civil Evasion Penalty the duty or is it a seperate thing I have to pay> Thanks.

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    25-2-2015 8:48 pm  #4

    eezyrider
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    Re: Civil Evasion Penalty

    It is not my particular area of expertise so can't give you a definitive answer. Is it  a letter you have or an actual demand ie an invoice to pay?
    If it is a demand does it not give a breakdown of the figures? Normally a demand will give a breakdown incl duty, VAT and penalty payment.

    Turbulentupstart has a better understanding of this side of things. Might be better to PM him or wait 'til he comes along.

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    26-2-2015 5:48 am  #5

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    Re: Civil Evasion Penalty

    Ok. It's an invoice with a breakdown, However, the breakdown does not mention CEP.

    Last edited by Connect (26-2-2015 5:51 am)

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    28-2-2015 9:21 pm  #6

    turbulentupstart
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    Re: Civil Evasion Penalty

    This sounds like an assessment rather than a penalty. As the Canaries are outside the EU, the goods are liable for duty, so I can't see you have any grounds for an appeal against this. However, you may be able to negotiate a "time to pay arrangement".

    As I see it, the only other thing you can do is apply to Border Force for restoration of the goods on the grounds that forfeiture is a disproportionate sanction in view of the liability of the goods to duty.

    This is something of a forlorn hope, but better than no hope perhaps ...

     

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