Regulation 10 Demand for penalty

(1)

Where a person is liable to a penalty, HMRC may give to that person, or that person’s representative, a notice (a “demand notice”) demanding payment of the amount due by way of penalty.

(2)

An amount demanded as due from a person or representative in accordance with paragraph (1) is recoverable as if it were an amount due from the person or representative as an amount of import duty within the meaning of section 1(1) of the Taxation (Cross-border Trade) Act 2018^f1.

(3)

Paragraph (2) is subject to—

(a)

paragraph (4);

(b)

any appeal under regulation 12; and

(c)

any review by HMRC under regulation 14 or 16.

(4)

An amount demanded is not recoverable if the demand notice has subsequently been withdrawn.

Annotations

Footnotes

f1: Section 1 was renumbered by section 2(2)(a) of the Taxation (Post-transition Period) Act 2020 (c. 26).