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28.—(1) Where a person becomes liable to a penalty under these Regulations the Commissioners may assess the amount of the penalty.
(2) Where the Commissioners assess a penalty under paragraph (1) they must—
(a)notify the person of the imposition of that penalty; and
(b)include in that notification details of the person’s right to apply for a review of the decision (in accordance with regulation 29) and to appeal against the decision (in accordance with regulation 31).
(3) No penalty may be imposed under this regulation after—
(a)the end of the period specified in paragraph (4); or
(b)if earlier, the end of the period of 12 months beginning with the day on which the Commissioners first believed, or had reasonable grounds for believing, that the person was liable to the penalty.
(4) The period referred to in paragraph (3)(a) is—
(a)the period of 4 years beginning with the day on which the person became liable to the penalty; or
(b)in a case where the person became liable to the penalty as a result of the person’s dishonesty, the period of 20 years beginning with that day.
(5) Where a person is notified of the imposition of a penalty under this regulation, the penalty payable must be paid—
(a)in a case where the person does not apply for a review of the penalty within the period specified in regulation 29, before the end of that period;
(b)in a case where the person applies for a review of the penalty but does not give notice of an appeal against the penalty, before the end of the period in which notice of such an appeal could have been given;
(c)in a case where notice of such an appeal has been given, on the day on which the appeal is determined or withdrawn.
(6) A penalty payable under these regulations is to be treated for the purposes of Part 6 of the Taxes Management Act 1970(1) (collection and recovery) as if it were tax charged in an assessment and due and payable.
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