# The Education (Student Loans) (Repayment) Regulations 2009, Regulation 40: Penalties

Extent: E+W+S+N.I.

(1) Schedule 55 to the Finance Act 2009 (penalty for failure to make returns etc) applies—
(a) in relation to a return or other document which is required to be made or delivered to HMRC ...,
(b) which falls within item 1 of the Table in paragraph 1 of that Schedule, and
(c) which is required to include information under regulation 30,
as it applies to income tax on that same return.
(2) The references to liability to tax in Schedule 55 to the Finance Act 2009 are construed as references to the aggregate of the amounts which, if a proper return had been delivered on the filing date, would have been payable—
(a) by the taxpayer under section 59B of the 1970 Act (payment of income tax and capital gains tax); and
(b) where the taxpayer is a borrower, by way of repayment under regulation 29.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) ... Schedule 24 to the Finance Act 2007 (penalties for errors) applies—
(a) in relation to anything done for the purposes of or in connection with the ascertainment of liability of a borrower to make a repayment under this Part as it applies for the purposes of or in connection with the ascertainment of liability to income tax; and
(b) in the case of returns, statements, declarations, accounts, information or documents for the purposes of repayments under this Part as it applies for the purposes of income tax.
(5) Schedule 25 to the Finance Act 2021 (penalties for deliberately withholding information) applies—
(a) in relation to a return or other document which is required to be made or delivered to HMRC,
(b) which falls within item 1 of the table in paragraph 1(2) of that Schedule, and
(c) which is required to include information under regulation 30,
as it applies to income tax on that same return.
(6) The references to liability to tax in Schedule 25 to the Finance Act 2021 are construed as references to the aggregate of the amounts which, if a proper return had been delivered on the filing date, would have been payable—
(a) by the taxpayer under section 59B of the 1970 Act (payment of income tax and capital gains tax: assessments other than simple assessments), and
(b) where the taxpayer is a borrower, by way of repayment under regulation 29.

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Source: https://www.legislation.gov.uk/uksi/2009/470/regulation/40 (the official version)
Page: https://openlegislation.uk/education-student-loans-repayment-regulations-2009/regulation-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.