VATREG42750 - The effects of death, insolvency and incapacity on registration: liabilities of personal representatives under Regulation 9

If, on the death, insolvency or incapacity of the trader, Regulation 9 is invoked, the person who is actually carrying on the business and making taxable supplies must notify us about the change so that we can treat him as the taxable person.

That person is responsible for ensuring that all the obligations under the VAT Act 1994 and the VAT Regulations 1995 are complied with and for accounting for any tax due on supplies made by the business whilst he or she controls the business. The personal representative’s liability for the tax due after the date of death, insolvency or incapacity applies as if they were the taxable person.

It is important to recognise the distinction between ‘the person who owns the business’ and ‘the person who makes the taxable supplies’. Only the second has obligations with regard to registration under the VAT Act 1994, Schedules 1, 2, 3 and 3A.