SCHEDULES
SCHEDULE 25Penalties for deliberately withholding information
PART 3Supplementary provision
Partnerships
I120
1
This paragraph applies where—
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.