Section 271H: Exceptions: criminal offences and penalties etc

Taxation of Chargeable Gains Act 1992 · 1992 c. 12View on legislation.gov.uk

Part 7A: UK representatives of non-UK residents — Chapter 2: Capital gains tax obligations and liabilities imposed on UK representatives

A person is not by virtue of section 271F liable to be proceeded against for a criminal offence unless the person—

committed the offence, or
consented to or connived in its commission.

An independent agent of a non-UK resident is not by virtue of section 271F liable to any civil penalty or surcharge in respect of an act or omission if conditions A and B are met.

Condition A is that the act or omission is not—

an act or omission of the independent agent, or
an act or omission to which the agent consented or in which the agent connived.

Condition B is that the independent agent is able to show that the amount of the penalty or surcharge will not be recoverable out of the sums mentioned in section 271I(3) (after being indemnified for any other liabilities under section 271I).

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.