The decision in a recent tax tribunal case reminds us that directors and other company officers may be personally liable for VAT penalties of their company. The recent case involved a penalty for late registration for VAT where the threshold had been exceeded.
Three conditions must be satisfied before the liability for a penalty payable by the company can be imposed on an individual:
- A penalty must be payable by the company for a deliberate failure.
- The individual on whom HMRC seek to impose liability must be an “officer” of the company.
- The deliberate failure must be attributable to that officer.