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HMRC internal manual

Debt Management and Banking Manual

From
HM Revenue & Customs
Updated
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Debt and return pursuit - Landfill Tax (LT): effects of death or other incapacity on recovery action

Death of a sole proprietor

The Environment Agency will revoke or transfer the waste-management licence on the death of the licence-holder. If deregistration is appropriate notify the CCU. In relation to civil recovery action, please see s8-25 Civil Recovery of further clarification is required.

Death of a partner

The procedure is as for APD generally. If the partnership is the licence-holder the Environment Agency should revoke or transfer the licence as on the death of a sole proprietor.

Death of a company director

Company directors are not personally liable for company debts. However, in cases of fraudulent evasion of LT we may transfer a company’s liability for a civil penalty in whole or in part to a director of the company. If there is an unpaid debt for which a deceased director is personally liable contact the Enforcement Technical Team, Liverpool for advice. If the company is the licence-holder, the Environment Agency will revoke or transfer the licence as on the death of a partner.

The procedure is the same as for recovery of a VAT debt. (see DMBM530330).

Death of key personnel

The procedure is the same as for recovery of a VAT debt. (see DMBM530340).

Physical incapacity of a registered person

The procedure is as for the recovery of a VAT debt. If the partnership or company is the licence-holder the Environment Agency should revoke or transfer the licence as on the death of a partner or company director.

Whether civil recovery action is appropriate will depend on the circumstances of the case. If in doubt, contact the Enforcement Technical Team, Liverpool.

Mental incapacity of a registered person

The procedure is the same as for recovery of a VAT debt. (see DMBM530360).