V5.376 Exempted defaults

A default is material to a surcharge if1

  1.  

    (1)     it gives rise to a liability to default surcharge; or

  2.  

    (2)     it is taken into account in the service of an SLN on which the surcharge depends and the person has not previously been liable to a surcharge in respect of the surcharge period specified in or extended by that notice.

Where a person is prima facie liable to default surcharge, he is not so liable if, in relation to a default which is material to a surcharge, he satisfies HMRC or (on appeal) a tribunal that he either2

  1.  

    (1)     dispatched the relevant return or remittance in reasonable time and manner for it to arrive by the due date3; or

  2.  

    (2)     he had a

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