PART 4Miscellaneous and final

Joint and several liability

100Joint and several liability of company directors etc

(1)

Schedule 13 makes provision for individuals to be jointly and severally liable, in certain circumstances involving insolvency or potential insolvency, for amounts payable to the Commissioners for Her Majesty's Revenue and Customs by bodies corporate or unincorporate.

(2)

A reference in Schedule 13 to a tax liability of a company does not include—

(a)

any tax liability that relates to a period ending before the day on which this Act is passed;

(b)

any tax liability (other than one that relates to a period) arising from an event or default occurring before that day.

(3)

For the purposes of subsection (2), a tax liability relates to a period if—

(a)

the liability arises in respect of a particular tax year, accounting period or other period, or

(b)

the amount of the liability is calculated by reference to a particular period.

(4)

A reference in paragraph 5 of Schedule 13 to a penalty does not include any penalty in respect of which the determination to impose the penalty, or (as the case may be) the commencement of proceedings before the tribunal for the penalty to be imposed, occurs before the day on which this Act is passed.