SCHEDULES

C1SCHEDULE 24Penalties for errors

Annotations:
Modifications etc. (not altering text)

Part 4Miscellaneous

Companies: officers' liability

I119

1

Where a penalty under paragraph 1 is payable by a company for a deliberate inaccuracy which was attributable to an officer of the company—

a

the officer as well as the company shall be liable to pay the penalty, and

b

HMRC may pursue the officer for such portion of the penalty (which may be 100%) as they may specify by written notice to the officer.

2

Sub-paragraph (1) does not allow HMRC to recover more than 100% of a penalty.

3

In the application of sub-paragraph (1) to a body corporate “officer” means—

a

a director (including a shadow director within the meaning of section 251 of the Companies Act 2006 (c. 46)), or

b

a secretary.

4

In the application of sub-paragraph (1) in any other case “officer” means—

a

a director,

b

a manager,

c

a secretary, and

d

any other person managing or purporting to manage any of the company's affairs.

5

A reference to P in this Schedule (including paragraph 15) includes a reference to an officer of the company who is liable for a portion of the penalty in accordance with this paragraph.