SCHEDULES

SCHEDULE 41Penalties: failure to notify and certain VAT and excise wrongdoing

Agency

21

(1)

In paragraph 1 the reference to a failure by P includes a failure by a person who acts on P's behalf; but P is not liable to a penalty in respect of any failure by P's agent where P satisfies HMRC or F1(on an appeal notified to the tribunal) the tribunal that P took reasonable care to avoid the failure.

(2)

In paragraph 2 the reference to the making by P of an unauthorised issue of an invoice showing VAT includes the making of such an unauthorised issue by a person who acts on P's behalf; but P is not liable to a penalty in respect of any action by P's agent where P satisfies HMRC or F1(on an appeal notified to the tribunal) the tribunal that P took reasonable care to avoid it.

(3)

In paragraph 3(1) the reference to the doing by P of an act which enables HMRC to assess an amount as duty due from P under a relevant excise provision includes the doing of such an act by a person who acts on P's behalf; but P is not liable to a penalty in respect of any action by P's agent where P satisfies HMRC or F1(on an appeal notified to the tribunal) the tribunal that P took reasonable care to avoid it.

(4)

In paragraph 4 the reference to P acquiring possession of, or being concerned in dealing with, goods the payment of duty on which is outstanding and has not been deferred includes a person who acts on P's behalf doing so; but P is not liable to a penalty in respect of any action by P's agent where P satisfies HMRC or F1(on an appeal notified to the tribunal) the tribunal that P took reasonable care to avoid it.