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Commentary

V5.376 Default surcharge—exempted defaults (before 1 January 2023)

Part V5 Compliance, enforcement and appeals

This paragraph covers exempted defaults for the purposes of the default surcharge. The default surcharge applies to accounting periods starting before 1 January 2023. This paragraph therefore deals only with those periods.

For penalties for late payment of tax and late submission of VAT returns for periods starting on or after 1 January 2023, see V5.302B and V5.302C.

Circumstances under which exemption from surcharge applies

A default is material to a surcharge if1:

  1. Ìý

    •ÌýÌýÌýÌý it gives rise to a liability to default surcharge, or

  2. Ìý

    •ÌýÌýÌýÌý 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, they are not so liable if, in relation to a default which is material to a surcharge, they satisfy HMRC or (on appeal) a tribunal that they either2:

  1. Ìý

    •

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Web page updated on 17 Mar 2025 13:39