(1) Suspension of penalties during agreement for deferred payment (‘time-to-pay’ agreement)

If:

(1)a person (‘P’) failed to pay an amount of VAT declared on his VAT return as due when it became due and payable;

(2)P requested an officer of HMRC that payment of the amount of tax be deferred; and

(3)an officer of HMRC agreed that payment of that amount may be deferred for a period (‘the deferral period’)

P is not liable to the default surcharge under VATA 1994, s. 59 or 59A (FA 2009, s. 108).

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