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Finance Act 2021

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Changes over time for: Paragraph 20

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No versions valid at: 10/06/2021

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Point in time view as at 10/06/2021. This version of this cross heading contains provisions that are not valid for this point in time. Help about Status

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There are currently no known outstanding effects for the Finance Act 2021, Paragraph 20. Help about Changes to Legislation

Valid from 06/04/2024

20(1)This paragraph applies where—U.K.

(a)the representative partner, or a successor of the representative partner, fails to make a return falling within item 3 in the Table in paragraph 1, or

(b)the nominated partner fails to make a return falling within item 4 in that Table.

(2)In determining whether the representative partner, a successor of the representative partner or the nominated partner (as the case may be) is liable to a penalty under paragraph 3, the condition in sub-paragraph (2) of that paragraph is to be read as if the reference to the person's liability to tax was a reference to the liability to tax of any relevant partner.

(3)If a representative partner, a successor of a representative partner or a nominated partner is liable to a penalty under paragraph 3, every relevant partner is liable to a penalty under that paragraph.

(4)The amount of the penalty to which the representative partner, a successor of the representative partner, the nominated partner or a relevant partner is liable is £300 (and accordingly paragraphs 3(3) to (8), 4 to 8, 10, 11 and 13 do not apply).

(5)An appeal under paragraph 17 in connection with a penalty payable by virtue of this paragraph may be brought only by—

(a)the representative partner or a successor of the representative partner, in a case within sub-paragraph (1)(a), or

(b)the nominated partner, in a case within sub-paragraph (1)(b).

(6)Where such an appeal is brought in connection with a penalty payable in respect of a failure, the appeal is to be treated as if it were an appeal in connection with every penalty payable in respect of that failure.

(7)In this paragraph—

  • nominated partner” has the meaning given by paragraph 5(5) of Schedule A1 to TMA 1970;

  • relevant partner” means a person who was a partner in the partnership to which the return relates at any time during the period in respect of which the return was required;

  • representative partner” means a person who has been required by a notice served under or for the purposes of section 12AA(2) or (3) of TMA 1970 to deliver any return;

  • successor” has the meaning given by section 12AA(11) of TMA 1970.

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