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Finance Act 2014

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This is the original version (as it was originally enacted).

211Assessment of a section 208 penalty
This section has no associated Explanatory Notes

(1)Where a person is liable for a penalty under section 208, HMRC may assess the penalty.

(2)Where HMRC assess the penalty, HMRC must—

(a)notify the person who is liable for the penalty, and

(b)state in the notice a tax period in respect of which the penalty is assessed.

(3)A penalty under section 208 must be paid before the end of the period of 30 days beginning with the day on which the person is notified of the penalty under subsection (2).

(4)An assessment—

(a)is to be treated for procedural purposes in the same way as an assessment to tax (except in respect of a matter expressly provided for by this Chapter),

(b)may be enforced as if it were an assessment to tax, and

(c)may be combined with an assessment to tax.

(5)No penalty under section 208 may be notified under subsection (2) later than—

(a)in the case of a follower notice given by virtue of section 204(2)(a) (tax enquiry in progress), the end of the period of 90 days beginning with the day the tax enquiry is completed, and

(b)in the case of a follower notice given by virtue of section 204(2)(b) (tax appeal pending), the end of the period of 90 days beginning with the earliest of—

(i)the day on which P takes the necessary corrective action (within the meaning of section 208(4)),

(ii)the day on which a ruling is made on the tax appeal by P, or any further appeal in that case, which is a final ruling (see section 205(4)), and

(iii)the day on which that appeal, or any further appeal, is abandoned or otherwise disposed of before it is determined by the court or tribunal to which it is addressed.

(6)In this section a reference to an assessment to tax, in relation to inheritance tax, is to a determination.

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