C15C16C28C38C102C109C111C110 PART X PENALTIES, ETC.

Annotations:
Modifications etc. (not altering text)
C15

Part X (ss. 93-107) applied (with modifications) (1.7.1992) by Social Security Contributions and Benefits Act 1992 (c. 4), ss. 16(1)(b), 177(4), Sch. 2

C16

Part X (ss 93-107) applied (27.7.1993 with effect in relation to the year 1993-94 and subsequent years of assessment) by 1993 c. 34, s. 122(2)(3)

C28

Pt. 10 modified (with effect in accordance with s. 117(4)(5) of the amending Act) by Finance Act 1998 (c. 36), s. 117(1)(b), Sch. 18; S.I. 1998/3173, art. 2

C109

Pt. 10 modified (17.7.2014) by Finance Act 2014 (c. 26), Sch. 35 para. 10

C111

Pt. 10 applied (with modifications) by Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), s. 11A(1)(3) (as inserted (with effect in accordance with Sch. 1 para. 35 of the amending Act) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 para. 12)

C110

Pt. 10 applied (with modifications) by Social Security Contributions and Benefits Act 1992 (c. 4), s. 11A(1)(3) (as inserted (with effect in accordance with Sch. 1 para. 35 of the amending Act) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 para. 3)

F24593 Failure to make return for income tax and capital gains tax.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24693A Failure to make partnership return.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4394 Failure to make return for corporation tax.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15395 Incorrect return or accounts for income tax or capital gains tax.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15495A Incorrect partnership return or accounts.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4496Incorrect return or accounts for corporation tax.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15597 Incorrect return or accounts: supplemental.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15997AA Failure to produce documents under section 19A.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C108C121C122C12997AF1Two or more tax-geared penalties in respect of the same tax.

Where two or more penalties—

a

are incurred by any person and fall to be determined by reference to any income tax or capital gains tax with which he is chargeable for a year of assessment; F45...

F45b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

each penalty after the first shall be so reduced that the aggregate amount of the penalties, so far as determined by reference to any particular part of the tax, does not exceed whichever is or, but for this section, would be the greater or greatest of them, so far as so determined.

C4C1C2C3C17C30C53C57C56C60C59C98C11298 Special returns, etc.

C181

F3Subject to F2the provisions of this section and section 98A below, where any person—

a

has been required, by a notice served under or for the purposes of any of the provisions specified in the first column of the Table below, to deliver any return or other document, to furnish any particulars, to produce any document, or to make anything available for inspection, and he fails to comply with the notice, or

b

fails to furnish any information, give any certificate or produce any document or record in accordance with any of the provisions specified in the second column of the Table below,

he shall be liable, subject to F3subsections (3) and (4) below—

i

to a penalty not exceeding £300, and

ii

if the failure continues after a penalty is imposed under paragraph (i) 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 (i) above was imposed (but excluding any day for which a penalty under this paragraph has already been imposed).

C192

F4Subject to section 98A below, where a person fraudulently or negligently furnishes, gives, produces or makes any incorrect information, certificate, document, record or declaration of a kind mentioned in any of the provisions specified in either column of the Table below, he shall be liable to a penalty not exceeding F4£3000.

F53

No penalty shall be imposed under subsection (1) above in respect of a failure within paragraph (a) of that subsection at any time after the failure has been remedied.

4

No penalty shall be imposed under paragraph (ii) of subsection (1) above in respect of a failure within paragraph (b) of that subsection at any time after the failure has been remedied.

F644A

If—

a

a failure to comply with F115Chapter 15 or 16 of Part 15 of ITA 2007 arises from a person’s failure to deliver an account, or show the amount, of a payment, and

b

the payment is within subsection (4B) F83, (4D) F342... or (4E) below,

subsection (1) above shall have effect as if for “£300” there were substituted “£3,000” and as if for “£60” there were substituted “£600”.

4B

A payment is within this subsection if—

F116a

the payment is made by a company, local authority or qualifying partnership (within the meaning of section 932 of ITA 2007) without an amount representing income tax on the payment being deducted from it,

b

at the time the payment is made, the company, authority or partnership—

i

does not believe that the payment is an excepted payment for the purposes of Chapter 11 of Part 15 of ITA 2007 (payments between companies etc: exception from duties to deduct), or

ii

if it does so believe, cannot reasonably do so,

c

the payment is one from which tax is deductible under Part 15 of ITA 2007 unless the company, authority or partnership reasonably believes that it is an excepted payment for the purposes of Chapter 11 of that Part, and

d

the payment is not an excepted payment at the time the payment is made.

F1174C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1184D

A payment is within this subsection if—

a

it is a payment from which a sum representing income tax must be deducted under Chapter 6 (deduction from annual payments and patent royalties) or 7 (deduction from other payments connected with intellectual property) of Part 15 of ITA 2007,

b

a company, purporting to rely on section 911 of that Act (double taxation arrangements: deduction at treaty rate), deducts less from the payment than required by those Chapters, and

c

at the time the payment is made the payee (as defined in section 913 of that Act) is not entitled to relief under double taxation arrangements (as defined in section 1023 of that Act) and the company—

i

does not believe that it is entitled to such relief, or

ii

if it does so believe, cannot reasonably do so.

F3434DA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F844E

A payment is within this subsection if—

a

it is an interest distribution made to a unit holder by the trustees of an authorised unit trust,

b

the trustees, in purported reliance on the reputable intermediary condition being fulfilled with respect to the unit holder, do not comply with the obligation under F119section 874 of ITA 2007 to make a deduction from the interest distribution,

c

that obligation would apply if that condition were not so fulfilled, and

d

the trustees did not believe that the unit holder was not F277... resident in the United Kingdom or could not reasonably have so believed (so that that condition was not so fulfilled).

Expressions used in this subsection have the same meaning as in F106regulations made under section 17(3) of the Finance (No. 2) Act 2005 (as at 1st April 2006, see the Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964)).

F3124F

If a person fails to furnish any information or produce any document or record in accordance with regulations under section 716B of ITEPA 2003, subsection (1) has effect as if—

a

for “£300” there were substituted “ £3,000 ”, and

b

for “£60” there were substituted “ £600 ”.

F1855

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17TABLE

1.

2.

Part III of this Act, F6. . .

F329section 12ABZA(3) of this Act

F54regulations under section 59E of this Act;

F286section 12ADA of this Act

F252. . .

In the principal Act—

F33. . .

F48. . .

In the principal Act—

F133. . .

F160. . .

F47. . .

F227. . .

F55. . .

F120. . .

F55. . .

F55. . .

F74. . .

F55. . .

F75. . .

F41. . .

F7...

F68. . .

F49. . .

F221. . .

F41. . .

F221. . .

F76. . .

F221. . .

F77. . .

F192. . .

F224. . .

F221. . .

F224. . .

F192. . .

F224. . .

section 310(4) and (5);

F224. . .

F98. . .

section 310(1), (2)F61, (2A) and (3);

regulations under section 333;

F78. . .

F148. . .

F101. . .

F264. . .

Regulations under section 333;

F107. . .

F148. . .

F108. . .

F134. . .

F121. . .

section 375(5);

F122. . .

F267. . .

F8. . .

F314. . .

F123. . .

F314. . .

F124. . .

F135. . .

F125. . .

F136. . .

F126. . .

F137. . .

F89. . .

F138. . .

F161. . .

F62section 552;

F111. . .

F63regulations under section 552ZA(6);

F111. . .

F276regulations under section 552ZB;

F111. . .

F139. . .

F111. . .

F90. . .

F111. . .

F163. . .

F111. . .

F164. . .

F58. . .

F111. . .

F99. . .

F111. . .

F192. . .

F111. . .

F192. . .

F111. . .

F192. . .

F111. . .

F40. . .

F111. . .

F189. . .

F187. . .

F42. . .

F266. . .

F127. . .

F50. . .

F192. . .

F39. . .

F186. . .

F46. . .

F166. . .

F46. . .

F192. . .

regulations under paragraph 7 of Schedule 14;

F221. . .

Schedule 15, paragraph 14(4);

F50. . .

F140. . .

F192. . .

F141. . .

F221. . .

F211. . .

F192. . .

Regulations under section F9151 of the 1992 Act.

F38. . .

F60Sections F152... F330... F6745G(4) and (5) F330... ,F34145R(5) and (6), 118 to 120, 145(2) and (3) and 203 of the Capital Allowances Act

F162. . .

Regulations 16 and 17 of the Income Tax (Interest Relief) Regulations 1982.

F193. . .

F212. . .

F194. . .

F10. . .

F128. . .

F79. . .

F11. . .

F213. . .

F195. . .

F12. . .

F129. . .

F214. . .

F196. . .

F29. . .

F226. . .

F167. . .

Regulations under section F13151 of the 1992 Act.

F110paragraph 12 of Schedule 4ZA to the 1992 Act

Paragraph F142(9) of Schedule 1 to the 1992 Act.

F28Paragraphs 2 to 6 of Schedule 5A to the 1992 Act.

F59. . .

F35regulations under section 73 of the Finance Act 1995;

Section F1598 of the 1992 Act.

F103. . .

F197. . .

F103. . .

F198. . .

F229. . .

F201. . .

F80. . .

F199. . .

F71paragraph 64 or 65 of Schedule 15 to the Finance Act 2000

F16[Section 73 of the Finance Act 1989 ]

F56Paragraph 93(2) of Schedule 22 to the Finance Act 2000

F221. . .

F57Paragraph 129 of Schedule 22 to the Finance Act 2000

F201. . .

F65paragraph 6 of Schedule 34 to the Finance Act 2002

F200. . .

F270. . .

F201. . .

F142. . .

F86Paragraph 1(7) of Schedule 1 to the 1992 Act.

F224. . .

F202. . .

F281. . .

F203. . .

F81Regulations under section 589 of ITEPA 2003.

F130. . .

F81Regulations under section 715 of ITEPA 2003.

F69. . .

F313Regulations under section 716B of ITEPA 2003.

F72paragraph 66 of Schedule 15 to the Finance Act 2000

F81PAYE regulations.

F70. . .

F280. . .

F66paragraph 10 of Schedule 34 to the Finance Act 2002

F220. . .

F269. . .

F92Regulations under section 65(2), 69(1), 70(1)(a) or (c) or 71 of the Finance Act 2004.

F131. . .

F112regulations under section 251(1)(a) or (4) of the Finance Act 2004;

F85Section 421J(4) of ITEPA 2003.

F102Section 75(4) of ITTOIA 2005.

F204. . .

F102Regulations under Chapter 3 of Part 6 of ITTOIA 2005.

F73Regulations under section 715 of ITEPA 2003.

F105section 37(3) of the Finance Act 2005;

F73Paragraph 93 of Schedule 2 to ITEPA 2003.

F105section 37(6) of the Finance Act 2005;

F73Paragraph 45 of Schedule 3 to ITEPA 2003.

F114Section 106 of FA 2006 as modified by Schedule 17 to that Act.

F73Paragraph 33 of Schedule 4 to ITEPA 2003.

F114Section 116 of FA 2006.

F73Paragraph 51 of Schedule 5 to ITEPA 2003.

F114Regulations under section 116 of FA 2006.

F228. . .

F143. . .

F91Regulations under section 70(3) of the Finance Act 2004.

F114Section 130 of FA 2006.

F205. . .

F144sections 240 and 241 of ITA 2007;

F205. . .

F262sections 257GE and 257GF of ITA 2007;

F205. . .

F285sections 257SE and 257SF of ITA 2007;

F253. . .

F144section 271(1) of ITA 2007;

F222section 401B of ITTOIA 2005.

F144regulations under Chapter 5 of Part 6 of ITA 2007;

F222section 421A of ITTOIA 2005.

F144section 373 of ITA 2007;

F253. . .

F144regulations under section 871(1) of ITA 2007;

F100Regulations under Chapter 3 of Part 6 of ITTOIA 2005.

F144Chapter 15 of Part 15 of ITA 2007;

F104section 40(1) of the Finance Act 2005

F144Chapter 16 of Part 15 of ITA 2007;

F109regulations under section 17(3) of the Finance (No. 2) Act 2005

F144regulations under section 969(1) of ITA 2007;

F132sections 242 and 243(1) and (2) of ITA 2007;

F144regulations under section 971(1) of ITA 2007;

F261sections 257GG and 257GH(1) and (2) of ITA 2007;

F144regulations under section 973(1) of ITA 2007.

F284sections 257SG and 257SH(1) and (2) of ITA 2007;

F165Section 75(4) of CTA 2009.

F206. . .

F188paragraph 4 of Schedule 17 to FA 2009.

F263section 312A of ITA 2007;

F225section 260 of CTA 2010.

F132regulations under Chapter 5 of Part 6 of ITA 2007;

F225section 1046(1) to (4) of CTA 2010.

F207. . .

F225section 1095 of CTA 2010.

F208. . .

F225section 1096 of CTA 2010.

F132section 748(1) and (2) of ITA 2007;

F225section 1052(1) to (3) of CTA 2010.

F132section 771 of ITA 2007;

F225section 1101(1), (2) and (4) of CTA 2010.

F208. . .

F230Section 228 of TIOPA 2010.

F208. . .

F282Regulations under paragraph 16 of Schedule 18 to the Finance Act 2011.

F132regulations under section 871(1) of ITA 2007;

F268regulations under section 61(5) of the Finance Act 2012

F132regulations under section 969(1) of ITA 2007;

F283Regulations under paragraph 3 of Schedule 22 to the Finance Act 2013.

F132regulations under section 971(1) of ITA 2007;

F283Regulations under paragraph 8 of Schedule 6 to the Finance Act 2014.

F209. . .

F316paragraph 17 or 18 of Schedule 4 to FA 2016;

F210. . .

F210. . .

F254. . .

F210. . .

F210. . .

F231. . .

F256Section 31(3) and (4) of CTA 2010.

F257Section 465(3) and (4) of CTA 2010.

F255. . .

F223section 832 of CTA 2010.

F255. . .

F223section 1052(4) and (5) of CTA 2010.

F255. . .

F223section 1101(5) and (6) of CTA 2010.

F258Section 1102(4) and (5) of CTA 2010.

F315. . .

F324. . .

F265regulations under section 61(5) of the Finance Act 2012

F348Paragraph 127 of Schedule 9 to the Finance Act 2024

The references in this Table to regulations under section 602 have effect only for the purpose of giving effect to any provision mentioned in paragraphs (a) and (b) of subsection (2) of that section

F145References in this Table to sections 240, 241, 242 and 243(1) and (2) of ITA 2007 are to provisions that apply only in relation to shares issued after 5 April 2007.

C31C29C58C47C48C54C101C100C9998AF37Special penalties in the case of certain returns.

1

F82PAYE regulations or regulations underF93section 70(1)(a) or 71 of the Finance Act 2004 (sub-contractors) may provide that this section shall apply in relation to any specified provision of the regulations.

2

Where this section applies in relation to a provision of regulations, any person who fails to make a return in accordance with the provision shall be liable—

a

to a penalty or penalties of the relevant monthly amount for each month (or part of a month) during which the failure continues, but excluding any month after the twelfth or for which a penalty under this paragraph has already been imposed, and

b

if the failure continues beyond twelve months, without prejudice to any penalty under paragraph (a) above, to a penalty not exceeding

F94i

in the case of a provision of PAYE regulations, so much of the amount payable by him in accordance with the regulations for the year of assessment to which the return relates as remained unpaid at the end of 19th April after the end of that yearF95, or

ii

in the case of a provision of regulations under section 70(1)(a) or 71 of the Finance Act 2004, £3,000.

3

For the purposes of subsection (2)(a) above, the relevant monthly amount in the case of a failure to make a return—

a

where the number of persons in respect of whom particulars should be included in the return is fifty or less, is £100, and

b

where the number is greater than fifty, is £100 for each fifty such persons and an additional £100 where that number is not a multiple of fifty.

F1564

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

98BF18F332UK Economic Interest Groupings and European Economic Interest Groupings.

F3331

In this section “grouping” means—

a

a UK Economic Interest Grouping, or

b

a grouping registered in a member State and formed in pursuance of Council Regulation (EEC) No. 2137/85 of 25 July 1985 on the European Economic Interest Grouping as it has effect in EU law.

F302

Subsections (2A) to (4) below apply where a grouping or member of a grouping required by a notice given under section 12A of this Act to deliver a return or other document fails to comply with the notice.

2A

The grouping or member shall be liable to a penalty not exceeding £300 multiplied by the number of members of the grouping at the time of the failure to comply.

2B

If, on an application made to F168it by an officer of the Board, the F169tribunal so directs, the grouping or member shall be liable, for each day on which the failure continues after the day on which the grouping or member is notified of the direction (but excluding any day for which a penalty under this subsection has already been imposed), to a further penalty or penalties not exceeding £60 multiplied by the number of members of the grouping at the end of that day.

3

No penalty shall be imposed under F31subsection (2A) or (2B) 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 F32subsections (2A) and (2B) 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.

98CF97Notification under Part 7 of Finance Act 2004

1

A person who fails to comply with any of the provisions of Part 7 of the Finance Act 2004 (disclosure of tax avoidance schemes) mentioned in subsection (2) below shall be liable—

a

to a penalty not exceeding

F233i

in the case of a provision mentioned in paragraph (a), (b)F288, (c) F338, (ca) or (cc) of that subsection, £600 for each day during the initial period (but see also subsections (2A), (2B) and (2ZC) below), and

ii

in any other case, £5,000, and

b

if the failure continues after a penalty is imposed under paragraph (a) above, to a further penalty or penalties not exceeding £600 for each day on which the failure continues after the day on which the penalty under paragraph (a) was imposed (but excluding any day for which a penalty under this paragraph has already been imposed).

2

Those provisions are—

a

section 308(1) and (3) (duty of promoter in relation to notifiable proposals and notifiable arrangements),

b

section 309(1) (duty of person dealing with promoter outside United Kingdom),

c

section 310 (duty of parties to notifiable arrangements not involving promoter), F151...

F289ca

section 310A (duty to provide further information requested by HMRC),

F300cb

section 310C (duty of promoters to provide updated information),

F335cc

section 311C (duty to provide further information requested by HMRC: section 311(3) case);

d

section F215312(2) (duty of promoter to notify client of reference number)

F336dza

section 312ZA(2) (duty to notify client of reference number: section 311(3) case);

F216da

section 312A(2) F304and (2A) (duty of client to notify parties of reference number),F234...

F278daa

section 312B (duty of client to provide information to promoter),

F235db

section 313ZA (duty of promoter to provide details of clients),

F279dc

section 313ZB (enquiry following disclosure of client details),

F301dca

section 313ZC (duty of employer to provide details of employees etc),

F149e

sections 313A and 313B (duty of promoter to respond to inquiry)F302...

F236f

section 313C (duty of introducer to give details of persons who have provided information F309or have been provided with information)F303, and

g

section 316A (duty to provide additional information).

F2372ZA

In this section “the initial period” means the period—

a

beginning with the relevant day, and

b

F340(subject to subsection (2ZAB)) ending with the earlier of the day on which the penalty under subsection (1)(a)(i) is determined and the last day before the failure ceases;

and for this purpose “the relevant day” is the day specified in relation to the failure in the following table.

Failure

Relevant day

A failure to comply with subsection (1) or (3) of section 308 in so far as the subsection applies by virtue of an order under section 306A

The first day after the end of the period prescribed under section 306A(6)

A failure to comply with subsection (1) or (3) of section 308 in so far as the subsection applies by virtue of an order under section 308A(2)

The first day after the end of the period prescribed under subsections (5) and (6)(a) of section 308A (as it may have been extended by a direction under subsection (6)(b) of that section)

Any other failure to comply with subsection (1) of section 308

The first day after the end of the period prescribed under that subsection

Any other failure to comply with subsection (3) of section 308

The first day after the end of the period prescribed under that subsection

A failure to comply with subsection (1) of section 309

The first day after the end of the period prescribed under that subsection

A failure to comply with section 310

The first day after the latest time by which section 310 must be complied with in the case concerned

F290A failure to comply with section 310A

The first day after the end of the period within which the person must comply with section 310A.

F337A failure to comply with section 311C

The first day after the end of the period before the end of which the person must comply with section 311C

F3342ZAA

Subsection (2ZAB) applies where—

a

a person fails to comply with a provision mentioned in subsection (2)(a), (b) or (c) in respect of arrangements or proposed arrangements, and

b

a reference number is subsequently allocated to the arrangements or proposed arrangements in a case within section 311(3) of the Finance Act 2004 (case where notice given under section 310D)).

2ZAB

Where this subsection applies, the failure to comply is taken for the purposes of this section to have ceased on the day before the reference number is allocated, if it has not already ceased.

2ZB

The amount of a penalty under subsection (1)(a)(i) is to be arrived at after taking account of all relevant considerations, including the desirability of its being set at a level which appears appropriate for deterring the person, or other persons, from similar failures to comply on future occasions having regard (in particular)—

a

in the case of a penalty for a F291promoter's failure to comply with section 308(1) or (3) F292or section 310A, to the amount of any fees received, or likely to have been received, by the F293promoter in connection with the notifiable proposal (or arrangements implementing the notifiable proposal), or with the notifiable arrangements,

F339aa

in the case of a penalty for a person's failure to comply with section 311C, to the amount of any fees received, or likely to have been received, by the person in connection with the arrangements, the proposed arrangements or the proposal, and

b

in the case of a penalty for a F294relevant person's failure to comply with section 309(1)F295, 310 or 310A, to the amount of any advantage gained, or sought to be gained, by the F296relevant person in relation to any tax prescribed under section 306(1)(b) in relation to the notifiable arrangements.

F2972ZBA

In subsection (2ZB)—

a

promoter” has the same meaning as in Part 7 of the Finance Act 2004, and

b

relevant person” means a person who enters into any transaction forming part of notifiable arrangements within the meaning of that Part.

2ZC

If the maximum penalty under subsection (1)(a)(i) above appears inappropriately low after taking account of those considerations, the penalty is to be of such amount not exceeding £1 million as appears appropriate having regard to those considerations.

2ZD

Where it appears to an officer of Revenue and Customs that a penalty under subsection (1)(a)(i) above has been determined on the basis that the initial period begins with a day later than that which the officer considers to be the relevant day, an officer of Revenue and Customs may commence proceedings for a re-determination of the penalty.

2ZE

The Treasury may by regulations vary—

a

any of the sums for the time being specified in subsection (1) above, and

b

the sum specified in subsection (2ZC) above.

F1502A

Where a failure to comply with a provision mentioned in subsection (2) concerns a proposal or arrangements in respect of which an order has been made under section 306A of the Finance Act 2004 (doubt as to notifiability), the F238amounts specified in subsection (1)(a)(i) and (b) above shall be increased to the prescribed sum in relation to days falling after the prescribed period.

2B

Where a failure to comply with a provision mentioned in subsection (2) concerns a proposal or arrangements in respect of which an order has been made under section 314A of the Finance Act 2004 (order to disclose), the F239amounts specified in subsection (1)(a)(i) and (b) above shall be increased to the prescribed sum in relation to days falling after the prescribed period.

2C

In subsection (2A) and (2B)—

a

the prescribed sum” means a sum prescribed by the Treasury by regulations, and

b

the prescribed period” means a period beginning with the date of the order under section F240306A or 314A and prescribed by the Commissioners by regulations.

2D

The making of an order under section F241306A or 314A of that Act does not of itself mean that, for the purposes of section 118(2) of this Act, a person either did or did not have a reasonable excuse for non-compliance before the order was made.

2E

Where an order is made under section F242306A or 314A of that Act then for the purposes of section 118(2) of this Act—

a

the person identified in the order as the promoter of the proposal or arrangements cannot, in respect of any time after the end of the period mentioned in subsection (2B), rely on doubt as to notifiability as an excuse for failure to comply with section 308 of that Act, and

b

any delay in compliance with that section after the end of that period is unreasonable unless attributable to something other than doubt as to notifiability.

F2872EA

Where a person fails to comply with—

a

section 309 of that Act and the promoter for the purposes of that section is a monitored promoter for the purposes of Part 5 of the Finance Act 2014, or

b

section 310 of that Act and the arrangements for the purposes of that section are arrangements of such a monitored promoter,

then for the purposes of section 118(2) of this Act legal advice which the person took into account is to be disregarded in determining whether the person had a reasonable excuse, if the advice was given or procured by that monitored promoter.

2EB

In determining for the purpose of section 118(2) of this Act whether or not a person who is a monitored promoter within the meaning of Part 5 of the Finance Act 2014 had a reasonable excuse for a failure to do anything required to be done under a provision mentioned in subsection (2), reliance on legal advice is to be taken automatically not to constitute a reasonable excuse if either—

a

the advice was not based on a full and accurate description of the facts, or

b

the conclusions in the advice that the person relied on were unreasonable.

2F

Regulations under F243this section

a

may include incidental or transitional provision,

b

shall be made by statutory instrument,

c

in the case of regulations under subsection F244(2ZE) or (2C)(a), shall not be made unless a draft has been laid before and approved by resolution of the House of Commons, and

d

in the case of regulations under subsection (2C)(b), shall be subject to annulment in pursuance of a resolution of the House of Commons.

3

A person who fails to comply with F217subsection (1) of section 313 of the Finance Act 2004 (duties of parties to notifiable arrangements to notify Board of reference number, etc.) F218or regulations under subsection (3) of that section shall be liable to a F305penalty not exceeding the relevant sum.

4

In subsection (3) above “the relevant sum” means—

a

in relation to a person not falling within paragraph (b) or (c) below, F306£5,000 in respect of each scheme to which the failure relates,

b

in relation to a person who has previously failed to comply with section F219subsection (1) of section 313 or regulations under subsection (3) of that section on one (and only one) occasion during the period of 36 months ending with the date on which the current failure to comply with that provision began, F307£7,500 in respect of each scheme to which the current failure relates (whether or not the same as the scheme to which the previous failure relates), or

c

in relation to a person who has previously failed to comply with section F219subsection (1) of section 313 or regulations under subsection (3) of that section on two or more occasions during the period of 36 months ending with the date on which the current failure to comply with that provision began, F308£10,000 in respect of each scheme to which the current failure relates (whether or not the same as the schemes to which any of the previous failures relates).

5

In subsection (4) above “scheme” means any notifiable arrangements within the meaning of Part 7 of the Finance Act 2004.

F27199Assisting in preparation of incorrect return, etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

99AF19Certificates of non-liability to income tax.

If a person who gives a certificate of non-liability to income tax in pursuance of regulations under F146section 852 of ITA 2007

a

gives the certificate fraudulently or negligently, or

b

fails to comply with any undertaking contained in the certificate in pursuance of the regulations,

he shall be liable to a penalty not exceeding £3,000.

99BF147Declarations under Chapter 2 of Part 15 of ITA 2007

Where a person fraudulently or negligently gives any incorrect information in a declaration under any of sections 858 to 861 of ITA 2007, the person shall be liable to a penalty not exceeding £3,000.

C5C20C39C43C63C61C64C62C97C107C106C103C104C105C113C123C128100F26Determination of penalties by officer of the Board.

1

Subject to subsection (2) below and except where proceedings for a penalty have been instituted under section 100D below F34... , an officer of the Board authorised by the Board for the purposes of this section may make a determination imposing a penalty under any provision of the Taxes Acts and setting it at such amount as, in his opinion, is correct or appropriate.

2

Subsection (1) above does not apply where the penalty is a penalty under—

F247a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

section 94(1) above as it has effect before the substitution made by section 83 of the Finance (No. 2) Act 1987,

c

section 98(1) above as it has effect before the amendments made by section 164 of the Finance Act 1989 or section 98(1)(i) above as it has effect after those amendmentsF310, subject to subsection (2A), or

d

paragraph (a)(i) of section 98A(2) above as it has effect by virtue of section 165(2) of the Finance Act 1989, F20or

e

section 98B(2)(a) aboveF96, or

f

section 98C(1)(a) aboveF190...

F190g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3112A

Subsection (2)(c) does not exclude the application of subsection (1) where the penalty relates to a failure to furnish any information or produce any document or record in accordance with regulations under section 716B of ITEPA 2003 (employment intermediaries to keep, preserve and provide information etc).

3

Notice of a determination of a penalty under this section shall be served on the person liable to the penalty and shall state the date on which it is issued and the time within such an appeal against the determination may be made.

4

After the notice of a determination under this section has been served the determination shall not be altered except in accordance with this section or on appeal.

5

If it is discovered by an officer of the Board authorised by the Board for the purposes of this section that the amount of a penalty determined under this section is or has become insufficient the officer may make a determination in a further amount so that the penalty is set at the amount which, in his opinion, is correct or appropriate.

6

In any case where—

a

a determination under this section is of a penalty under F248... F113... F51paragraph 18(2) of Schedule 18 to the Finance Act 1998F249... , and

b

after the determination has been made it is discovered by an officer of the Board authorised by the Board for the purposes of this section that the amount which was taken into account as the relevant amount of tax is or has become excessive,

the determination shall be revised so that the penalty is set at the amount which is correct; and, where more than the correct amount has already been paid, the appropriate amount shall be repaid.

C6C66C65C85C89C90C97C107C106C103C104C105C113C124C128100AF26 Provisions supplementary to section 100.

F1571

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C212

A penalty determined under section 100 above shall be due and payable at the end of the period of thirty days beginning with the date of the issue of the notice of the determination.

C213

A penalty determined under section 100 above shall for all purposes be treated as if it were charged in an assessment and due and payable.

C7C67C70C68C69C86C91C92C97C107C106C103C104C105C114C125C128100BF26 Appeals against penalty determinations.

1

An appeal may be brought against the determination of a penalty under section 100 above and, subject to F250... the following provisions of this section, the provisions of this Act relating to appeals shall have effect in relation to an appeal against such a determination as they have effect in relation to an appeal against an assessment to taxF170, except that references to the tribunal shall be taken to be references to the First-tier Tribunal.

2

F251On an appeal against the determination of a penalty under section 100 above section 50(6) to (8) of this Act shall not apply but—

a

in the case of a penalty which is required to be of a particular amount, the F171First-tier Tribunal may—

i

if it appears F172... that no penalty has been incurred, set the determination aside,

ii

if the amount determined appears F172... to be correct, confirm the determination, or

iii

if the amount determined appears F172... to be incorrect, increase or reduce it to the correct amount.

b

in the case of any other penalty, the F171First-tier Tribunal may—

i

if it appears F172... that no penalty has been incurred, set the determination aside,

ii

if the amount determined appears F172... to be appropriate, confirm the determination,

iii

if the amount determined appears F172... to be excessive, reduce it to such other amount (including nil) F173as it considers appropriate, or

iv

if the amount determined appears F172... to be insufficient, increase it to such amount not exceeding the permitted maximum F173as it considers appropriate.

F1743

In addition to any right of appeal on a point of law under section 11(2) of the TCEA 2007, the person liable to the penalty may appeal to the Upper Tribunal against the amount of the penalty which has been determined under subsection (2), but not against any decision which falls under section 11(5)(d) and (e) of the TCEA 2007 and was made in connection with the determination of the amount of the penalty.

3A

Section 11(3) and (4) of the TCEA 2007 applies to the right of appeal under subsection (3) as it applies to the right of appeal under section 11(2) of the TCEA 2007.

3B

On an appeal under this section the Upper Tribunal has the same powers as are conferred on the First-tier Tribunal by virtue of this section.

C34C8C22C71C72C97C107C106C103C104C105C115C128100CF26 Penalty proceedings before F175First-tier Tribunal .

1

An officer of the Board authorised by the Board for the purposes of this section may commence proceedings before the F176First-tier Tribunal for any penalty to which subsection (1) of section 100 above does not apply by virtue of subsection (2) of that section.

F1771A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1782

The person liable to the penalty shall be a party to the proceedings.

3

Any penalty determined by the F179First-tier Tribunal in proceedings under this section shall for all purposes be treated as if it were tax charged in an assessment and due and payable.

F1804

In addition to any right of appeal on a point of law under section 11(2) of the TCEA 2007, the person liable to the penalty may appeal to the Upper Tribunal against the determination of a penalty in proceedings under subsection (1), but not against any decision which falls under section 11(5)(d) and (e) of the TCEA 2007 and was made in connection with the determination of the amount of the penalty.

4A

Section 11(3) and (4) of the TCEA 2007 applies to the right of appeal under subsection (4) as it applies to the right of appeal under section 11(2) of the TCEA 2007.

5

On any such appeal the F181Upper Tribunal may—

a

if it appears that no penalty has been incurred, set the determination aside,

b

if the amount determined appears to be appropriate, confirm the determination,

c

if the amount determined appears to be excessive, reduce it to such other amount (including nil) as the F181Upper Tribunal considers appropriate, or

d

if the amount determined appears to be insufficient, increase it to such amount not exceeding the permitted maximum as the F181Upper Tribunal considers appropriate.

C9C23C40C44C74C73C97C107C106C103C104C105C115C128100DF26 Penalty proceedings before court.

1

Where in the opinion of the Board the liability of any person for a penalty arises by reason of the fraud of that person or any other person, proceedings for the penalty may be instituted before the High Court or, in Scotland, the Court of Session as the Court of Exchequer in Scotland.

C322

Proceedings under this section which are not instituted (in England, Wales or Northern Ireland) under the Crown Proceedings Act 1947 by and in the name of the Board as an authorised department for the purposes of that Act shall be instituted—

a

in England and Wales, in the name of the Attorney General,

b

in Scotland, in the name of the Lord Advocate, and

c

in Northern Ireland, in the name of the Attorney General for Northern Ireland.

3

Any proceedings under this section instituted in England and Wales shall be deemed to be civil proceedings by the Crown within the meaning of Part II of the Crown Proceedings Act 1947 and any such proceedings instituted in Northern Ireland shall be deemed to be civil proceedings within the meaning of that Part of that Act as for the time being in force in Northern Ireland.

4

If in proceedings under this section the court does not find that fraud is proved but consider that the person concerned is nevertheless liable to a penalty, the court may determine a penalty notwithstanding that, but for the opinion of the Board as to fraud, the penalty would not have been a matter for the court.

C10C97C107C106C103C104C105C128F52101 Evidence for purposes of proceedings relating to penalties.

An assessment which can no longer be varied by F182the tribunal on an appeal notified to it or by order of any court is sufficient evidence, for the purposes of—

a

the preceding provisions of this Part, and

b

the provisions of Schedule 18 to the Finance Act 1998 relating to penalties,

that the amounts in respect of which tax is charged in the assessment arose or were received as stated in the assessment.

C36C37C24C51C49C55C76C75C87C94C93C97C107C106C103C104C105C116C126C128102 Mitigation of penalties.

The Board may in their discretion mitigate any penalty, or stay or compound any proceedings for F21a penalty, and may also, after judgment, further mitigate or entirely remit the penalty.

C35C36C37C25C107C106C103C104C105C128103F22Time limits for penalties.

1

Subject to subsection (2) below, where the amount of a penalty is to be ascertained by reference to tax payable by a person for any period, the penalty may be determined by an officer of the Board, or proceedings for the penalty may be commenced before the F183tribunal or a Court—

a

at any time within six years after the date on which the penalty was incurred, or

b

at any later time within three years after the final determination of the amount of tax by reference to which the amount of the penalty is to be ascertained.

F1582

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F272C1173

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C78C77C88C96C95C117C1274

A penalty to which F273subsection (1) does not apply may be so determined, or proceedings for such a penalty may be commenced before the F184tribunal or a court, at any time within six years after the date on which the penalty was incurred or began to be incurred.

103ZAF191Disapplication of sections 100 to 103 in the case of certain penalties

Sections 100 to 103 do not apply to a penalty under—

a

Schedule 24 to FA 2007 (penalties for errors),

b

Schedule 36 to FA 2008 (information and inspection powers),

c

Schedule 41 to that Act (penalties for failure to notify and certain other wrongdoing),

d

Schedule 55 to FA 2009 (penalties for failure to make returns etc), F259...

e

Schedule 56 to that Act (penalties for failure to make payments on time)F260, F274...

f

Schedule 23 to FA 2011 (data-gathering powers)F275, F298...

g

Schedule 38 to FA 2012 (tax agents: dishonest conduct)F299, F317...

F318ga

section 212A of the Finance Act 2013 (general anti-abuse rule), F319...

h

Part 4 of the Finance Act 2014 (follower notices and accelerated payments)F321...

F320i

Part 5 of Schedule 18 to the Finance Act 2016 (serial tax avoidance)F322, F325...

j

Schedule 22 to the Finance Act 2016 (asset-based penalty)F327...

F326k

paragraph 1 or 45 of Schedule 16 to the Finance (No. 2) Act 2017 (enablers of defeated tax avoidance etc)F328, F350or

l

Schedule 18 to the Finance Act 2017.

F349m

Schedule 24 to the Finance Act 2021 (penalties for failure to make returns etc),

n

Schedule 25 to that Act (penalties for deliberately withholding information), or

o

Schedule 26 to that Act (penalties for failure to pay tax).

C36C37C26C33C52C50C79C80C118103AF27Interest on penalties.

A penalty under any of the provisions of F36Part II, IV or VA or this Part of this Act F331(other than section 98C)F53, or Schedule 18 to the Finance Act 1998, shall carry interest at the rate applicable under section 178 of the Finance Act 1989 from the date on which it becomes due and payable until payment.

C11C12C36C37C41C45C81C82C119104 Saving for criminal proceedings.

The provisions of the Taxes Acts shall not, save so far as is otherwise provided, affect any criminal proceedings for any misdemeanour.

C13C27C37C42C46C84C83C120105F88Admissibility of evidence not affected by offer of settlement etc.

1

Statements made or documents produced by or on behalf of a person shall not be inadmissable in any such proceedings as are mentioned in subsection (2) below by reason only that it has been drawn to his attention F87

a

that where serious tax fraud has been committed the Board may accept a money settlement and that the Board will accept such a settlement, and will not pursue a criminal prosecution, if he makes a full confession of all tax irregularities, or

b

that the extent to which he is helpful and volunteers information is a factor that will be taken into account in determining the amount of any penalty,

and that he was or may have been induced thereby to make the statements or produce the documents.

2

The proceedings mentioned in subsection (1) above are—

a

any criminal proceedings against the person in question for any form of F23fraudulent conduct in connection with or in relation to tax, and

b

any proceedings against him for the recovery of any F24tax due from himF25and

c

any proceedings for a penalty or on appeal against the determination of a penalty.

106 Refusal to allow a deduction of income tax, and avoidance of agreements for payment without deduction.

1

A person who refuses to allow a deduction of income tax authorised by the Taxes Acts to be made out of any payment shall incur a penalty of £50.

2

Every agreement for payment of interest, rent or other annual payment in full without allowing any such deduction shall be void.

F232Evasion

Annotations:
Amendments (Textual)
F232

S. 106A and cross-heading inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 7 para. 95 (with Sch. 9 paras. 1-9, 22)

106AOffence of fraudulent evasion of income tax

1

A person commits an offence if that person is knowingly concerned in the fraudulent evasion of income tax by that or any other person.

2

A person guilty of an offence under this section is liable—

a

on summary conviction, to imprisonment for a term not exceeding F34612 monthsF346the general limit in a magistrates’ court or a fine not exceeding the statutory maximum, or both, or

b

on conviction on indictment, to imprisonment for a term not exceeding F34714 years or a fine, or both.

3

In the application of subsection (2)(a)—

a

in England and Wales in relation to offences committed before F3442 May 2022, and

b

in Northern Ireland,

for “F34512 monthsF345the general limit in a magistrates’ court” substitute “6 months”.

4

This section does not apply to things done or omitted before 1st January 2001.

F323Offshore income, assets and activities

Annotations:
Amendments (Textual)
F323

Ss. 106B-106H and cross-heading inserted (7.10.2017 in relation to the tax year commencing on 6.4.2017 and subsequent tax years) by Finance Act 2016 (c. 24), s. 166(1)(2); S.I. 2017/970, art. 2

106BOffence of failing to give notice of being chargeable to tax

1

A person who is required by section 7 to give notice of being chargeable to income tax or capital gains tax (or both) for a year of assessment and who has not given that notice by the end of the notification period commits an offence if—

a

the tax in question is chargeable (wholly or in part) on or by reference to offshore income, assets or activities, and

b

the total amount of income tax and capital gains tax that is chargeable for the year of assessment on or by reference to offshore income, assets or activities exceeds the threshold amount.

2

It is a defence for a person accused of an offence under this section to prove that the person had a reasonable excuse for failing to give the notice required by section 7.

3

In this section “the notification period” has the same meaning as in section 7 (see subsection (1C) of that section).

106COffence of failing to deliver return

1

A person who is required by a notice under section 8 to make and deliver a return for a year of assessment commits an offence if—

a

the return is not delivered by the end of the withdrawal period,

b

an accurate return would have disclosed liability to income tax or capital gains tax (or both) that is chargeable for the year of assessment on or by reference to offshore income, assets or activities, and

c

the total amount of income tax and capital gains tax that is chargeable for the year of assessment on or by reference to offshore income, assets or activities exceeds the threshold amount.

2

It is a defence for a person accused of an offence under this section to prove that the person had a reasonable excuse for failing to deliver the return.

3

In this section “the withdrawal period” has the same meaning as in section 8B (see subsection (6) of that section).

106DOffence of making inaccurate return

1

A person who is required by a notice under section 8 to make and deliver a return for a year of assessment commits an offence if, at the end of the amendment period—

a

the return contains an inaccuracy the correction of which would result in an increase in the amount of income tax or capital gains tax (or both) that is chargeable for the year of assessment on or by reference to offshore income, assets or activities, and

b

the amount of that increase exceeds the threshold amount.

2

It is a defence for a person accused of an offence under this section to prove that the person took reasonable care to ensure that the return was accurate.

3

In this section “the amendment period” means the period for amending the return under section 9ZA.

106EExclusions from offences under sections 106B to 106D

1

A person is not guilty of an offence under section 106B, 106C or 106D if the capacity in which the person is required to give the notice or make and deliver the return is—

a

as a relevant trustee of a settlement, or

b

as the executor or administrator of a deceased person.

2

The Treasury may by regulations provide that a person is not guilty of an offence under section 106B, 106C or 106D if—

a

conditions specified in the regulations are met, or

b

circumstances so specified exist.

3

The conditions may (in particular) include conditions in relation to the income, assets or activities on or by reference to which the tax in question is chargeable.

106FOffences under sections 106B to 106D: supplementary provision

1

Where a period of time is extended under subsection (2) of section 118 by HMRC, the tribunal or an officer (but not where a period is otherwise extended under that subsection), any reference in section 106B, 106C or 106D to the end of the period is to be read as a reference to the end of the period as so extended.

2

The Treasury may by regulations specify the amount (which must not be less than £25,000) that is to be the threshold amount for the purposes of sections 106B to 106D.

3

The Treasury may by regulations make provision as to the calculation for the purposes of sections 106B to 106D of—

a

the amount of tax that is chargeable on or by reference to offshore income, assets or activities, and

b

the increase in the amount of tax that is so chargeable as a result of correcting an inaccuracy.

4

In sections 106B to 106D and this section “offshore income, assets or activities” means—

a

income arising from a source in a territory outside the United Kingdom,

b

assets situated or held in a territory outside the United Kingdom, or

c

activities carried on wholly or mainly in a territory outside the United Kingdom.

5

In subsection (4), “assets” has the meaning given in section 21(1) of the 1992 Act, but also includes sterling.

106GPenalties for offences under sections 106B to 106D

1

A person guilty of an offence under section 106B, 106C or 106D is liable on summary conviction—

a

in England and Wales, to a fine or to imprisonment for a term not exceeding 51 weeks or to both, and

b

in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

2

In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (1)(a) to 51 weeks is to be read as a reference to 6 months.

106HRegulations under sections 106E and 106F

1

This section makes provision about regulations under sections 106E and 106F.

2

If the regulations contain a reference to a document or any provision of a document and it appears to the Treasury that it is necessary or expedient for the reference to be construed as a reference to that document or that provision as amended from time to time, the regulations may make express provision to that effect.

3

The regulations—

a

may make different provision for different cases, and

b

may include incidental, supplemental, consequential and transitional provision and savings.

4

The regulations are to be made by statutory instrument.

5

An instrument containing the regulations is subject to annulment in pursuance of a resolution of the House of Commons.

Scotland

107 Criminal liability for false statements made to obtain allowances.

1

This section applies only in Scotland.

2

If any person, for the purpose of obtaining any allowance, reduction, rebate or repayment in respect of tax, either for himself or for any other person, or, in any return made with reference to tax, knowingly makes any false statement or false representation, he shall be liable, on summary conviction, to imprisonment for a term not exceeding six months.

3

Notwithstanding anything in the Summary Jurisdiction (Scotland) Act 1954, proceedings for an offence under this section may be commenced at any time within three years from the time when the offence was committed.

4

The expression “return” in this section shall be construed without regard to the definition in section 118(1) of this Act C14.