Modifications etc. (not altering text)
C1Sch. 24 applied (N.I.) (1.4.2008) by The Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2000 (S.R. 2000/121), regs. 7(2A)(b), 26(4) (as amended by S.R. 2008/129, regs. 1, 3(a), 4)
C2Sch. 24 applied (6.4.2008) by The Social Security (Contributions) Regulations 2001 (S.I. 2001/1004), Sch. 4 paras. 22(7), 31(8) (as amended by The Social Security (Contributions) (Amendment No. 3) Regulations 2008 (S.I. 2008/636), regs. 1(3)(b), 7)
1(1)A penalty is payable by a person (P) where—U.K.
(a)P gives HMRC a document of a kind listed in the Table below, and
(b)Conditions 1 and 2 are satisfied.
(2)Condition 1 is that the document contains an inaccuracy which amounts to, or leads to—
(a)an understatement of [F1a] liability to tax,
(b)a false or inflated statement of a loss F2..., or
(c)a false or inflated claim to repayment of tax.
(3)Condition 2 is that the inaccuracy was [F3careless (within the meaning of paragraph 3) or deliberate on P’s part].
(4)Where a document contains more than one inaccuracy, a penalty is payable for each inaccuracy.
[F4(5)In relation to a return under paragraph 2 of Schedule 2 to the Oil Taxation Act 1975, references in this Schedule to P include any person who, after the giving of the return for a taxable field (within the meaning of that Act), becomes the responsible person for the field (within the meaning of that Act).]
| Tax | Document |
|---|---|
| Income tax or capital gains tax | Return under section 8 of TMA 1970 (personal return). |
| Income tax or capital gains tax | Return under section 8A of TMA 1970 (trustee's return). |
| Income tax or capital gains tax | Return, statement or declaration in connection with a claim for an allowance, deduction or relief. |
| Income tax or capital gains tax | Accounts in connection with ascertaining liability to tax. |
| Income tax or capital gains tax | Partnership return. |
| Income tax or capital gains tax | Statement or declaration in connection with a partnership return. |
| Income tax or capital gains tax | Accounts in connection with a partnership return. |
| [F5Income tax | Return under section 254 of FA 2004.] |
| Income tax | Return for the purposes of PAYE regulations. |
| Construction industry deductions | Return for the purposes of regulations under section 70(1)(a) of FA 2004 in connection with deductions on account of tax under the Construction Industry Scheme. |
| Corporation tax | Company tax return under paragraph 3 of Schedule 18 to FA 1998. |
| Corporation tax | Return, statement or declaration in connection with a claim for an allowance, deduction or relief. |
| Corporation tax | Accounts in connection with ascertaining liability to tax. |
| VAT | VAT return under regulations made under paragraph 2 of Schedule 11 to VATA 1994. |
| VAT | Return, statement or declaration in connection with a claim. |
| [F6Insurance premium tax | Return under regulations under section 54 of FA 1994. |
| Insurance premium tax | Return, statement or declaration in connection with a claim. |
| Inheritance tax | Account under section 216 or 217 of IHTA 1984. |
| Inheritance tax | Information or document under regulations under section 256 of IHTA 1984. |
| Inheritance tax | Statement or declaration in connection with a deduction, exemption or relief. |
| Stamp duty land tax | Return under section 76 of FA 2003. |
| Stamp duty reserve tax | Return under regulations under section 98 of FA 1986. |
| Petroleum revenue tax | Return under paragraph 2 of Schedule 2 to the Oil Taxation Act 1975. |
| Petroleum revenue tax | Statement or declaration in connection with a claim under Schedule 5, 6, 7 or 8 to the Oil Taxation Act 1975. |
| Petroleum revenue tax | Statement under section 1(1)(a) of the Petroleum Revenue Tax Act 1980. |
| Aggregates levy | Return under regulations under section 25 of FA 2001. |
| Climate change levy | Return under regulations under paragraph 41 of Schedule 6 to FA 2000. |
| Landfill tax | Return under regulations under section 49 of FA 1996. |
| Air passenger duty | Return under section 38 of FA 1994. |
| Alcoholic liquor duties | Return under regulations under section 13, 49, 56 or 62 of the Alcoholic Liquor Duties Act 1979. |
| Alcoholic liquor duties | Statement or declaration in connection with a claim for repayment of duty under section 4(4) of FA 1995. |
| Tobacco products duty | Return under regulations under section 7 of the Tobacco Products Duties Act 1979. |
| Hydrocarbon oil duties | Return under regulations under section 21 of the Hydrocarbon Oil Duties Act 1979. |
| Excise duties | Return under regulations under section 93 of CEMA 1979. |
| Excise duties | Return under regulations under section 100G or 100H of CEMA 1979. |
| Excise duties | Statement or declaration in connection with a claim. |
| General betting duty | Return under regulations under paragraph 2 of Schedule 1 to BGDA 1981. |
| Pool betting duty | Return under regulations under paragraph 2A of Schedule 1 to BGDA 1981. |
| Bingo duty | Return under regulations under paragraph 9 of Schedule 3 to BGDA 1981. |
| Lottery duty | Return under regulations under section 28(2) of FA 1993. |
| Gaming duty | Return under directions under paragraph 10 of Schedule 1 to FA 1997. |
| Remote gaming duty | Return under regulations under section 26K of BGDA 1981.] |
| [F7Any of the taxes mentioned above ] | Any document which is likely to be relied upon by HMRC to determine, without further inquiry, a question about— (a) P's liability to tax, (b) payments by P by way of or in connection with tax, (c) any other payment by P (including penalties), or (d) repayments, or any other kind of payment or credit, to P. |
Textual Amendments
F1Word in Sch. 24 para. 1(2) substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(2)(a); S.I. 2009/571, art. 2
F2Words in Sch. 24 para. 1(2) omitted (1.4.2009) by virtue of Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(2)(b); S.I. 2009/571, art. 2
F3Words in Sch. 24 para. 1(3) substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(3); S.I. 2009/571, art. 2
F4Sch. 24 para. 1(5) inserted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(7); S.I. 2009/571, art. 2
F5Words in Sch. 24 para. 1 inserted (with effect in accordance with art. 3-5 of the commencing S.I.) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(4); S.I. 2009/571, art. 2
F6Words in Sch. 24 para. 1 inserted (with effect in accordance with art. 3-5 of the commencing S.I.) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(5); S.I. 2009/571, art. 2
F7Words in Sch. 24 para. 1 substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(6); S.I. 2009/571, art. 2
Commencement Information
I1Sch. 24 para. 1 in force at 1.4.2008 for certain purposes, 1.7.2008 for certain purposes, 1.1.2009 for certain purposes, and 1.4.2009 in so far as not already in force by S.I. 2008/568, art. 2 (with art. 3)
Textual Amendments
F8Sch. 24 para. 1A and cross-heading inserted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 3; S.I. 2009/571, art. 2
1A(1)A penalty is payable by a person (T) where—U.K.
(a)another person (P) gives HMRC a document of a kind listed in the Table in paragraph 1,
(b)the document contains a relevant inaccuracy, and
(c)the inaccuracy was attributable to T deliberately supplying false information to P (whether directly or indirectly), or to T deliberately withholding information from P, with the intention of the document containing the inaccuracy.
(2)A “relevant inaccuracy” is an inaccuracy which amounts to, or leads to—
(a)an understatement of a liability to tax,
(b)a false or inflated statement of a loss, or
(c)a false or inflated claim to repayment of tax.
(3)A penalty is payable under this paragraph in respect of an inaccuracy whether or not P is liable to a penalty under paragraph 1 in respect of the same inaccuracy.]
2(1)A penalty is payable by a person (P) where—U.K.
(a)an assessment issued to P by HMRC understates P's liability to [F9a relevant tax], and
(b)P has failed to take reasonable steps to notify HMRC, within the period of 30 days beginning with the date of the assessment, that it is an under-assessment.
(2)In deciding what steps (if any) were reasonable HMRC must consider—
(a)whether P knew, or should have known, about the under-assessment, and
(b)what steps would have been reasonable to take to notify HMRC.
[F10(3)In sub-paragraph (1) “relevant tax” means any tax mentioned in the Table in paragraph 1.]
Textual Amendments
F9Words in Sch. 24 para. 2(1) substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 4(2); S.I. 2009/571, art. 2
F10Sch. 24 para. 2(3) substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 4(3); S.I. 2009/571, art. 2
Commencement Information
I2Sch. 24 para. 2 in force at 1.4.2008 for certain purposes, 1.7.2008 for certain purposes, 1.1.2009 for certain purposes, and 1.4.2009 in so far as not already in force by S.I. 2008/568, art. 2 (with art. 3)
3(1)[F11For the purposes of a penalty under paragraph 1, inaccuracy in] a document given by P to HMRC is—U.K.
(a)“careless” if the inaccuracy is due to failure by P to take reasonable care,
(b)“deliberate but not concealed” if the inaccuracy is deliberate [F12on P's part] but P does not make arrangements to conceal it, and
(c)“deliberate and concealed” if the inaccuracy is deliberate [F12on P's part] and P makes arrangements to conceal it (for example, by submitting false evidence in support of an inaccurate figure).
(2)An inaccuracy in a document given by P to HMRC, which was neither careless nor deliberate [F13on P's part] when the document was given, is to be treated as careless if P—
(a)discovered the inaccuracy at some later time, and
(b)did not take reasonable steps to inform HMRC.
Textual Amendments
F11Words in Sch. 24 para. 3(1) substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 5(2)(a); S.I. 2009/571, art. 2
F12Words in Sch. 24 para. 3(1) inserted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 5(2)(b); S.I. 2009/571, art. 2
F13Words in Sch. 24 para. 3(2) inserted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 5(3); S.I. 2009/571, art. 2
Commencement Information
I3Sch. 24 para. 3 in force at 1.4.2008 for certain purposes, 1.7.2008 for certain purposes, 1.1.2009 for certain purposes, and 1.4.2009 in so far as not already in force by S.I. 2008/568, art. 2 (with art. 3)