PART 4U.K.Follower notices and accelerated payments

Modifications etc. (not altering text)

C2Pt. 4 applied (with modifications) by 1992 c. 4, s. 11A(1)(3) (as inserted (with effect in accordance with Sch. 1 para. 35 of the amending Act) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 para. 3)

C5Pt. 4 applied (with modifications) (retrospective) by 1970 c. 9, s. 12ABZAA(4) (as inserted (17.7.2014) by 2020 c. 14, s. 104(1)(2) (with s. 104(3)))

CHAPTER 4U.K.Miscellaneous and general provision

Stamp duty land tax and annual tax on enveloped dwellingsU.K.

231Special case: annual tax on enveloped dwellingsU.K.

(1)This section applies to modify the application of this Part in the case of—

(a)a return or claim in respect of annual tax on enveloped dwellings, or

(b)a tax appeal within section 203(h), or any appeal within section 203(i) which derives from such an appeal.

(2)If the responsible partners of a partnership are the chargeable person in relation to the tax to which the return or claim or appeal relates—

(a)anything required or authorised by this Part to be done in relation to P must be done in relation to all of those partners, and

(b)any liability of P in respect of an accelerated payment, or a penalty under this Part, is a joint and several liability of all of those persons.

(3)Where—

(a)a follower notice is given by virtue of a tax enquiry into the return or claim or the appeal, and

(b)by virtue of section 97 or 98 of FA 2013, two or more persons would have been jointly and severally liable for an additional amount of tax had the necessary corrective action been taken before the specified time for the purposes of section 208,

any liability of P in respect of a penalty under that section is a joint and several liability of all of them.

(4)Where—

(a)an accelerated payment notice is given by virtue of a tax enquiry into the return or claim or the appeal, and

(b)two or more persons would, by virtue of section 97 or 98 of FA 2013, be jointly and severally liable for the understated tax relating to the accelerated payment specified in the notice or (as the case may be) the disputed tax specified in the notice,

any liability of P in respect of the accelerated payment or a penalty under section 226 is a joint and several liability of all of them.

(5)Accordingly—

(a)where a follower notice is given in a case where subsection (3) applies, or

(b)an accelerated payment notice is given in a case to which subsection (4) applies,

HMRC must also give a copy of the notice to any other person who would be jointly and severally liable for a penalty or payment, in relation to the notice, by virtue of this section.

(6)Where a follower notice or accelerated payment notice is given to more than one person, the power conferred on P by section 207 or 222 is exercisable by each of those persons separately or by two or more of them jointly.

(7)In this section—

  • “the accelerated payment” has the meaning given by section 223(2);

  • “accelerated payment notice” has the meaning given by section 219(1);

  • “the chargeable person” has the same meaning as in Part 3 of FA 2013 (annual tax on enveloped dwellings);

  • “follower notice” has the same meaning as in Chapter 2;

  • “P”—

    (a)

    in relation to Chapter 2, has the meaning given by section 204(1);

    (b)

    in relation to Chapter 3, has the meaning given by section 219;

  • “the responsible partners” has the same meaning as in Part 3 of FA 2013 (annual tax on enveloped dwellings).