59 The default surcharge

Default surcharges and other penalties and criminal offences

59  The default surcharge

(1)ÌýÌýÌýÌý [Subject to subsection (1A) below] if, by the last day on which a taxable person is required in accordance with regulations under this Act to furnish a return for a prescribed accounting period—

(a)ÌýÌýÌýÌý the Commissioners have not received that return, or

(b)ÌýÌýÌýÌý the Commissioners have received that return but have not received the amount of VAT shown on the return as payable by him in respect of that period,

then that person shall be regarded for the purposes of this section as being in default in respect of that period.

[(1A)ÌýÌýÌýÌý A person shall not be regarded for the purposes of this section as being in default in respect of any prescribed accounting period if that period is one in respect of which he is required by virtue of any order under section 28 to make any payment on account of VAT.]

(2)ÌýÌýÌýÌý Subject to subsections (9) and (10) below, subsection (4) below applies in any case where—

(a)ÌýÌýÌýÌý a taxable person is in default in respect of a prescribed accounting period; and

(b)

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