23. After regulation 67E insert—
67EA.—(1) This regulation applies where an employer does not make a return as required by regulation 67B (real time returns of information about relevant payments) or 67D (exceptions to regulation 67B).
(2) The employer must provide the information in the next return made under regulation 67B or 67D for the tax year in question.
(3) If the information has not been provided before 20th April following the end of the tax year in question, the employer must make a return under this paragraph.
(4) A return under paragraph (3) must—
(a)include the information specified in Schedule A1,
(b)be made as soon as reasonably practicable after the discovery of the failure to make the return, and
(c)be made using an approved method of electronic communications.
(5) If a return under paragraph (3) is not made before 20th May following the end of the tax year in question section 98A of TMA 1970 (special penalties in case of certain returns) will apply to the return.”.