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Finance Act 1990

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This is the original version (as it was originally enacted).

3(1)After section 98A of the [1970 c. 9.] Taxes Management Act 1970 there shall be inserted—

98BEuropean Economic Interest Groupings

(1)In this section “grouping” means a European Economic Interest Grouping formed in pursuance of [O.J. No. L199/1.] Council Regulation (EEC) No. 2137/85 of 25th July 1985, whether registered in Great Britain, in Northern Ireland, or elsewhere.

(2)Subject to subsections (3) and (4) below, where a grouping or member of a grouping required by a notice given under section 12A above to deliver a return or other document fails to comply with the notice, the grouping or member shall be liable—

(a)to a penalty not exceeding £300; and

(b)if the failure continues after a penalty is imposed under paragraph (a) above, to a further penalty or penalties not exceeding £60 for each day on which the failure continues after the day on which the penalty under paragraph (a) above was imposed (but excluding any day for which a penalty under this paragraph has already been imposed).

(3)No penalty shall be imposed under subsection (2) above in respect of a failure at any time after the failure has been remedied.

(4)If a grouping to which, or member to whom, a notice is given proves that there was no income or chargeable gain to be included in the return, the penalty under subsection (2) above shall not exceed £100.

(5)Where a grouping or member fraudulently or negligently delivers an incorrect return, accounts or statement, or makes an incorrect declaration in a return delivered, under section 12A above, the grouping or member shall be liable to a penalty not exceeding £3000 multiplied by the number of members of the grouping at the time of delivery.

(2)In section 100(2) of that Act (penalties which are imposed by Commissioners), after paragraph (d) there shall be inserted or

(e)section 98B(2)(a) above.

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