Default Surcharge: Discretion, reasonable excuse and mitigation: When should the surcharge process be inhibited
Despite the Dollarland decision, see VCP10531, there areoccasions when discretion should be exercised on a limited basis and surcharge defaultsinhibited. The two categories of inhibit are
- National Inhibit - This may be set by the Central Policy Tax Administration & Advice Team to inhibit surcharge processing for all traders, for example during periods of industrial action such as a prolonged national postal dispute.
- Trader Inhibit - Local offices may inhibit surcharge action for one or more traders or periods. This can be achieved by processing a VAT 719.
When considering whether to use discretion and set an inhibit in an individual case,you should take account of the
- circumstances of the particular case
- need to maintain fairness and impartiality in the application of surcharge defaults
- need to encourage compliance
The following are examples of circumstances which may justify a trader specificsurcharge inhibit
- Death of a sole proprietor.
- Payment trader submitting monthly returns. Once a SLN has been manually issued, a period specific inhibit must be set for the traders next tax period. This is to ensure that the trader receives a SLN before incurring a liability to surcharge.
- Misapplied/missing remittance (for example where a payment for a current return is received on time but is applied to the wrong registration.
- Duplicate registration.
- Invalid entry in the register.
- Where a reasonable excuse has been established prior to a default being recorded.
- Traders for whom a cash deposit is held as security.