SCHEDULES
C1C2SCHEDULE 6 Climate change levy
Sch. 6 modified (retrospective to 26.3.2013) by Finance Act 2013 (c. 29), Sch. 42 para. 1(1)
Part VIII Evasion, misdeclaration and neglect
Criminal offences: Evasion
92
1
A person is guilty of an offence if he is knowingly concerned in, or in the taking of steps with a view to—
a
the fraudulent evasion by that person of any levy with which he is charged; or
b
the fraudulent evasion by any other person of any levy with which that other person is charged.
2
The references in sub-paragraph (1) to the evasion of levy include references to obtaining, in circumstances where there is no entitlement to it, either a tax credit or a repayment of levy.
3
A person guilty of an offence under this paragraph shall be liable (subject to sub-paragraph (4))—
a
b
on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding seven years, or to both.
4
In the case of any offence under this paragraph, where F2the statutory maximumF2the amount of £20,000 mentioned in sub-paragraph (3)(a) is less than three times the sum of the amounts of levy which are shown to be amounts that were or were intended to be evaded, the penalty on summary conviction shall be the amount equal to three times that sum (instead of F2the statutory maximumF2the amount of £20,000 mentioned in sub-paragraph (3)(a)).
5
For the purposes of sub-paragraph (4) the amounts of levy that were or were intended to be evaded shall be taken to include—
a
the amount of any tax credit, and
b
the amount of any repayment of levy,
which was, or was intended to be, obtained in circumstances where there was no entitlement to it.
6
In determining for the purposes of sub-paragraph (4) how much levy (in addition to any amount falling within sub-paragraph (5)) was or was intended to be evaded, no account shall be taken of the extent (if any) to which any liability to levy of any person fell, or would have fallen, to be reduced by the amount of any tax credit or repayment of levy to which he was, or would have been, entitled.
Sch. 6 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Climate Change Levy (Suspension of Recycling Exemption) Order 2011 (S.I. 2011/1023), arts. 1, 2, 3