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ARTICLE · 06 NOVEMBER 2026

Challenging VAT Security Notices

Rustem Guardian Solicitors
Rustem Guardian Solicitors
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Rustem Guardian Solicitors

Rustem Guardian Solicitors

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It is becoming increasingly common for HMRC to refer cases involving outstanding VAT to issue VAT security notices. These can be issued where the VAT sum was, or may have, become due in contravention of paragraph 4(2) of schedule 11 to the Value Added Tax Act 1994 and by virtue of Section 171(4) of the Customs and Excise Management Act.

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  1. It is becoming increasingly common for HMRC to refer cases involving outstanding VAT to issue VAT security notices. These can be issued where the VAT sum was, or may have, become due in contravention of paragraph 4(2) of schedule 11 to the Value Added Tax Act 1994 and by virtue of Section 171(4) of the Customs and Excise Management Act.
  2. HMRC may impose a requirement that security be provided:
    1. in circumstances where a trader having no establishment in the UK fails to appoint a UK VAT agent (VATA 1994, s 48(7));
    2. as a condition of paying a VAT credit where HMRC consider it necessary to do so for the protection of the revenue (VATA 1994, Sch 11 para 4(1A));
    3. as a condition of a taxpayer supplying or being supplied with goods or services where HMRC consider it necessary to do so for the protection of the revenue (VATA 1994, Sch 11 para 4(2)).

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