SCHEDULE 7PARTNERSHIPS

PART 3ORDINARY PARTNERSHIP TRANSACTIONS

Joint and several liability of responsible partners

11

1

Where the responsible partners are liable to pay—

a

tax or late payment interest on that tax,

b

an amount under section 55 of TCMA (recovery of excessive repayment) or late payment interest on that amount, or

c

a penalty under Part 5 of TCMA or late payment interest on that penalty,

the liability is a joint and several liability of those partners.

2

No amount may be recovered under sub-paragraph (1)(a) or (b) from a person who did not become a responsible partner until after the effective date of the transaction in respect of which the tax is payable.

3

No amount may be recovered under sub-paragraph (1)(c) from a person who did not become a partner until after the relevant time.

4

The relevant time is—

a

in relation to so much of a penalty as is payable in respect of any day, or to late payment interest on so much of a penalty as is so payable, the beginning of that day;

b

in relation to any other penalty, or to late payment interest on the penalty, the time when the act or omission occurred that caused the penalty to become payable.

5

In this paragraph, “"late payment interest”” means late payment interest under Part 6 of TCMA.