19(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—U.K.
(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.
Commencement Information
I1Sch. 24 para. 19 in force at 1.4.2008 for certain purposes, 1.7.2008 for certain purposes, 1.1.2009 for certain purposes, and 1.4.2009 in so far as not already in force by S.I. 2008/568, art. 2 (with art. 3)