SCHEDULES

F1SCHEDULE 11ADisclosure 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 F2or a penalty for a deliberate inaccuracy under Schedule 24 to the Finance Act 2007,

that conduct shall not give rise to a penalty under this paragraph.