SCHEDULES

SCHEDULE 17 Stamp duty: penalties other than on late stamping

Part IIF1Determination of penalty, reviews and appeals

Annotations:

Determination of penalty by officer of Commissioners

10

1

An officer of the Commissioners authorised by the Commissioners for the purposes of this paragraph may make a determination—

a

imposing the penalty, and

b

setting it at such amount as in the officer’s opinion is correct or appropriate.

2

Notice of the determination must be served on the person liable to the penalty.

The notice must also state—

a

the date on which the notice is issued, and

b

the time within which an appeal against the determination may be made.

3

After notice of the determination has been served, the determination cannot be altered except—

a

in accordance with sub-paragraph (4),

b

by agreement in writing, or

c

on appeal.

4

If it is discovered by an officer of the Commissioners authorised by the Commissioners for the purposes of this paragraph that the amount of a penalty determined under this paragraph is or has become insufficient, the officer may make a determination in a further amount so that the penalty is set at the amount which in the officer’s opinion is correct or appropriate.

5

If a person liable to a penalty has died—

a

any determination which could have been made in relation to that person may be made in relation to his personal representatives, and

b

any penalty imposed on them is a debt due from and payable out of the person’s estate.

6

A penalty determined under this paragraph is due and payable at the end of the period of 30 days beginning with the date of the issue of the notice of determination.