Section 68 — Value Added Tax Act 1994: Breaches of walking possession agreements.

Breaches of walking possession agreements. 68 1 This section applies where—

a in accordance with regulations under section 51 of the Finance Act 1997 (enforcement by distress) , a distress is authorised to be levied on the goods and chattels of a person (a “person in default”) who has refused or neglected to pay any VAT due or any amount recoverable as if it were VAT due, and b the person levying the distress and the person in default have entered into a walking possession agreement, as defined in subsection (2) below.

2 In this section a “ walking possession agreement ” means an agreement under which, in consideration of the property distrained upon being allowed to remain in the custody of the person in default and of the delaying of its sale, the person in default—

a acknowledges that the property specified in the agreement is under distraint and held in walking possession;

and b undertakes that, except with the consent of the Commissioners and subject to such conditions as they may impose, he will not remove or allow the removal of any of the specified property from the premises named in the agreement.

3 Subject to subsection (4) below, if the person in default is in breach of the undertaking contained in a walking possession agreement, he shall be liable to a penalty equal to half of the VAT or other amount referred to in subsection (1)(a) above.

4 The person in default shall not be liable to a penalty under subsection (3) above if he satisfies the Commissioners or, on appeal, a tribunal that there is a reasonable excuse for the breach in question.

5 This section extends only to Northern Ireland.