CH71180 - Penalties for failure to notify: in what circumstances is a penalty payable: who is a person

A person ‘P� for penalty purposes may be one or more of the following:

  • an individual
  • a company (see CH75580 and CH75630 for guidance on a company officer’s liability to pay a penalty assessed on a company)
  • an officer of a body corporate or unincorporated association (for Landfill Tax disposals)
  • a partner
  • a partnership (for indirect taxes only)
  • a limited liability partnership, see CH75560
  • a representative member of a VAT group, see CH75140
  • a personal representative (this can be a lay person, a professional, or a corporate entity)
  • a pension scheme administrator
  • a trustee
  • a public body, such as an NHS trust
  • a Crown body
  • collectives, partnerships and co-operatives that come together as a group for the production of biofuel, and
  • any single entity that has multiple VAT divisional registrations under S46(1) VAT94. The individual registrations are ‘component partsâ€� of a single person.

When considering failure to notify penalties, the question of whether a person is the same person ‘P� in more than one capacity makes very little practical difference because we cannot suspend these penalties.

For examples of who is ‘P� where when considering inaccuracy penalties, see CH81040.