Regulation 3 Effect of amendment of return on liability for penalty
Where a return made by the liable person is amended in accordance with regulation 2—
any penalty imposed under section 52 of the 2024 Act prior to the amended return being sent remains payable, subject to paragraph (2), but no new penalty may be imposed under section 52 of the 2024 Act in respect of non-payment of the amount set out in the original return,
a penalty or penalties may be imposed under section 52 of the 2024 Act in respect of non-payment of the amount due in accordance with regulation 2(11), and
for the purposes of sub-paragraph (b), section 52 of the 2024 Act applies as though subsection (1)(a) of that section includes a reference to the liable person failing to pay the amount of levy payable in accordance with regulation 2(11).
Where no liability to a penalty under section 52 of the 2024 Act would have arisen if the assessment of the amount of levy payable in the original return had been the same as the amount assessed as payable under the amended return, any penalty imposed is no longer payable.
Where paragraph (2) applies, any penalty under section 52 of the 2024 Act which has already been paid must be reimbursed to the liable person on or before the last day of the period of 30 days beginning with the day on which the amended return is sent, or within such longer period as may be agreed with the liable person.