SCHEDULES
SCHEDULE 11A

Disclosure of avoidance Schemes

Penalty for failure to notify use of notifiable scheme
10
1
A person who fails to comply with paragraph 6 shall be liable, subject to sub-paragraphs (2) and (3), to a penalty of an amount determined under paragraph 11.
2
Conduct falling within sub-paragraph (1) shall not give rise to liability to a penalty under this paragraph if the person concerned satisfies the Commissioners or, on appeal, a tribunal that there is a reasonable excuse for the failure.
3
Where, by reason of conduct falling within sub-paragraph (1)—
a
a person is convicted of an offence (whether under this Act or otherwise), or
b
a person is assessed to a penalty under section 60,
that conduct shall not give rise to a penalty under this paragraph.
Sch. 11A inserted (22.7.2004 for specified purposes, 1.8.2004 in so far as not already in force) by Finance Act 2004 (c. 12), s. 19(2), Sch. 2 para. 2; S.I. 2004/1934, art. 2