SCHEDULES
C1SCHEDULE 26Penalties for failure to pay tax
PART 1Introduction
Assessments and determinations in default of return
I1I23
1
This paragraph applies for the interpretation of the tables in paragraph 1.
2
An assessment or determination by HMRC is made in default of a return if it is made where—
a
a person is required to make or deliver a return which falls within—
i
any group of returns in the Table in paragraph 2 of Schedule 24, or
ii
any item in the Table in paragraph 1 of Schedule 55 to FA 2009,
b
that person fails to make or deliver the return on or before the date by which it is required to be made or delivered, and
c
if the return had been made or delivered as required, the return would have shown that an amount falling within the relevant table in paragraph 1 was due and payable.
3
An assessment or determination by HMRC is made otherwise than in default of a return if it is made otherwise than as described in sub-paragraph (2).
Sch. 26 modified (1.3.2024) by 1994 c. 23, Sch. 9ZF para. 13A (as inserted by The Value Added Tax (Distance Selling) (Amendments) Regulations 2024 (S.I. 2024/128), regs. 1(1), 6(6) (with reg. 1(2)))