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HMRC internal manual

Compliance Handbook

From
HM Revenue & Customs
Updated
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Dishonest tax agents: who is a person

For the purposes of dealing with dishonest tax agents, a tax agent is an individual, see CH180180. Only a tax agent, or former tax agent, can be charged a penalty for dishonest conduct. Therefore, only an individual can be charged with a penalty for dishonest conduct.

In addition to referring to tax agents, this guidance also refers to ‘persons’.

A person in this guidance includes the tax agent who is behaving dishonestly, but also includes

  • other individuals
  • a company
  • an unincorporated association such as a members’ club
  • a charity or charitable company
  • a partner
  • a partnership (for VAT purposes only)
  • the representative member of a VAT group
  • an individual or organisation acting in the capacity of personal representative
  • a pension scheme administrator, and
  • a trustee.

The areas of this guidance that apply to persons, and not just tax agents, are

  • offences of concealment in connection with a conduct notice, see CH182180 
  • requiring them to comply with a file access notice, see CH182570 
  • penalties for failing to comply with a file access notice, see CH183300+
  • reasonable excuse provisions for failing to comply with the file access notice, see CH183500+
  • offences of concealment in connection with a file access notice, see CH183420.

FA12/SCH38