Commentary

V2.102 Persons treated for a time as taxable persons (death, incapacity, liquidation etc)

Part V2 Registration – deregistration

V2.102 Persons treated for a time as taxable persons (death, incapacity, liquidation etc)

V2.102 Persons treated for a time as taxable persons (death, incapacity, liquidation etc)

Regulations1 made under VATA 1994, s 46(4) and (5) provide for the continuation of a registration where one of the following occurs:

  1.  

    •     an individual dies

  2.  

    •     an individual becomes bankrupt or incapacitated2

  3.  

    •     a company goes into liquidation or receivership, or

  4.  

    •     an administration order is made in relation to a company

In HMRC's view, persons are not incapacitated by imprisonment. Rather, they are required to appoint, by power of attorney, a person to run their affairs3.

The regulations made under VATA 1994, s 46(4) and (5) imply

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