SCHEDULES

SCHEDULE 46U.K.Duties of senior accounting officers of qualifying companies

Penalties for failure to provide certificate etcU.K.

5(1)This paragraph applies if a senior accounting officer—U.K.

(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.