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Contents

Official guidance
Enquiry Manual

EM5100 · Penalties: culpability

  • EM5101 · Introduction
  • EM5102 · Establishing culpability
  • EM5103 · Degree of culpability
  • EM5105 · Fraud and fraudulent conduct
  • EM5106 · Halsbury's Laws of England - fraud
  • EM5125 · Neglect, negligence and negligent conduct
  • EM5126 · Neglect - failures and omissions
  • EM5130 · On behalf of the customer
  • EM5140 · Aspect enquiries
  1. Penalties: culpability: contents
  2. Penalties: culpability: on behalf of the customer

EM5130 | Penalties: culpability: on behalf of the customer

From HM Revenue & Customs · Enquiry Manual

TMA70/S97(2)
FA98/SCH18/PARA 89(4)

The customer cannot delegate responsibility for their own returns and accounts. A plea that errors or omissions are due to poor work by an accountant should normally be rejected.

Customers should sign their own returns EM4815 and CT10323 and are required to sign the declaration that the return is to the best of their knowledge correct and complete. The customer must take personal responsibility for the accuracy of the return and the declaration.

For the purposes of TMA70/S95, TMA70/S96 and para 89 penalties, any accounts submitted on behalf of any person are deemed to have been submitted by them unless they prove that they were submitted without their consent or connivance.

Normally, you should contend that the customer remains responsible for the acts of their agent.

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