Modifications etc. (not altering text)
C1Sch. 55 modified (8.4.2010) by Finance Act 2010 (c. 13), Sch. 1 para. 38
C2Sch. 55 applied by S.R. 2009/128, reg. 35 (as substituted (6.4.2011) by The Education (Student Loans) (Repayment) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/137), regs. 1(1), 8(a) (with reg. 12))
C3Sch. 55 applied by S.I. 2009/470, reg. 40(1)(2) (as substituted (6.4.2011) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2011 (S.I. 2011/784), regs. 1(1), 9 (with reg. 12(2)))
7U.K.Paragraphs 8 to 13 apply in the case of a return falling within item 6 in the Table.
Commencement Information
I1Sch. 55 para. 7 in force at 1.4.2011 for specified purposes and 6.4.2011 for specified purposes by S.I. 2011/702, art. 2 (with art. 1(2))
8U.K.P is liable to a penalty under this paragraph of £100.
Commencement Information
I2Sch. 55 para. 8 in force at 1.4.2011 for specified purposes and 6.4.2011 for specified purposes by S.I. 2011/702, art. 2 (with art. 1(2))
9(1)P is liable to a penalty under this paragraph if (and only if) P's failure continues after the end of the period of 2 months beginning with the penalty date.U.K.
(2)The penalty under this paragraph is £200.
Commencement Information
I3Sch. 55 para. 9 in force at 1.4.2011 for specified purposes and 6.4.2011 for specified purposes by S.I. 2011/702, art. 2 (with art. 1(2))
10(1)P is liable to a penalty under this paragraph if (and only if) P's failure continues after the end of the period of 6 months beginning with the penalty date.U.K.
(2)The penalty under this paragraph is the greater of—
(a)5% of any liability to make payments which would have been shown in the return in question, and
(b)£300.
Commencement Information
I4Sch. 55 para. 10 in force at 1.4.2011 for specified purposes and 6.4.2011 for specified purposes by S.I. 2011/702, art. 2 (with art. 1(2))
11(1)P is liable to a penalty under this paragraph if (and only if) P's failure continues after the end of the period of 12 months beginning with the penalty date.U.K.
(2)Where, by failing to make the return, P withholds information which would enable or assist HMRC to assess the amount that P is liable to pay to HMRC in accordance with Chapter 3 of Part 3 of FA 2004, the penalty under this paragraph is determined in accordance with sub-paragraphs (3) and (4).
(3)If the withholding of the information is deliberate and concealed, the penalty is the greater of—
(a)100% of any liability to make payments which would have been shown in the return in question, and
(b)£3,000.
(4)If the withholding of the information is deliberate but not concealed, the penalty is the greater of—
(a)70% of any liability to make payments which would have been shown in the return in question, and
(b)£1,500.
(5)In any other case, the penalty under this paragraph is the greater of—
(a)5% of any liability to make payments which would have been shown in the return in question, and
(b)£300.
Commencement Information
I5Sch. 55 para. 11 in force at 1.4.2011 for specified purposes and 6.4.2011 for specified purposes by S.I. 2011/702, art. 2 (with art. 1(2))
12(1)P is liable to a penalty under this paragraph if (and only if)—U.K.
(a)P's failure continues after the end of the period of 12 months beginning with the penalty date, and
(b)the information required in the return relates only to persons registered for gross payment (within the meaning of Chapter 3 of Part 3 of FA 2004).
(2)Where, by failing to make the return, P withholds information which relates to such persons, the penalty under this paragraph is—
(a)if the withholding of the information is deliberate and concealed, £3,000, and
(b)if the withholding of the information is deliberate but not concealed, £1,500.
Commencement Information
I6Sch. 55 para. 12 in force at 1.4.2011 for specified purposes and 6.4.2011 for specified purposes by S.I. 2011/702, art. 2 (with art. 1(2))
13(1)This paragraph applies—U.K.
(a)at any time before P first makes a return falling within item 6 in the Table, to any return falling within that item, and
(b)at any time after P first makes a return falling within that item, to that return and any earlier return.
(2)In respect of any return or returns to which this paragraph applies—
(a)paragraphs 10(2)(b) and 11(5)(b) do not apply, and
(b)P is not liable to penalties under paragraphs 8 and 9 which exceed, in total, £3,000.
(3)In sub-paragraph (1)(b) “earlier return” means any return falling within item 6 which has a filing date earlier than the date on which P first made a return.
Commencement Information
I7Sch. 55 para. 13 in force at 1.4.2011 for specified purposes and 6.4.2011 for specified purposes by S.I. 2011/702, art. 2 (with art. 1(2))