In Stanley John Chmiel v HMRC [2018] TC7112 a company director’s failure to register his company for VAT resulted in a £4,250 penalty via a Personal Liability Notice. HMRC’s powers sometimes allow it to ‘pierce the corporate veil’.

The penalty for Failure to Notify is based on Potential Lost Revenue. It was calculated on the basis of:

'telling' (30%), 'helping' (40%) and 'giving' (40%) giving a final penalty of 35% of the Potential Lost Revenue from 1 March 2012 to 31 July 2013 (£12,143) x 35% = £4,250.05.

The director appealed. He claimed that his accountants had not advised him to register.

The FTT found that the company kept meticulous records: the director was obviously aware of turnover levels. It found that the failure to notify was deliberate and not concealed.

The appeal was dismissed.

Useful guides

At a glance: VAT Penalties 
A summary of vast array of different penalties that may apply to VAT registered trader.

Penalties: Failure to Notify
A tax penalty applies when a person fails to notify HMRC that they are chargeable to tax.

External links

Stanley John Chmiel v HMRC [2018] TC7112