SCHEDULES

SCHEDULE 46Duties of senior accounting officers of qualifying companies

Penalties for failure to provide certificate etc

5

1

This paragraph applies if a senior accounting officer—

a

fails to provide a certificate in accordance with paragraph 2, or

b

provides a certificate in accordance with that paragraph that contains a careless or deliberate inaccuracy.

2

The senior accounting officer is liable to a penalty of £5,000.

3

For the purposes of this Schedule, an inaccuracy is careless if the inaccuracy is due to a failure by the senior accounting officer to take reasonable care.

4

An inaccuracy in a certificate that was neither careless nor deliberate when the certificate was given is to be treated as careless if the senior accounting officer—

a

discovered the inaccuracy some time later, and

b

did not take reasonable steps to inform HMRC.