Regulation 68 PenaltiesI1
United Kingdom
F1... Where in the case of any employee an employer fraudulently or negligently—
makes incorrect deductions; or
makes or receives incorrect payments in a tax year
in pursuance of this Part, the employer is liable to a penalty not exceeding £3000 for each employee for whom incorrect deductions or payments are made.
A penalty under paragraph (1) must not be imposed before the end of the relevant tax year; and no more than one penalty per employee under that paragraph may be imposed in relation to any tax year.
Schedule 56 to the Finance Act 2009 (penalty for failure to pay tax) shall apply in relation to the late payment from an employer to HMRC of F3... repayments deducted from an employees’ earnings as if—
in relation to all regulations in this Part other than regulation 62 payment from an employer to HMRC were a payment of tax falling within item 2 of the table in paragraph 1 of that Schedule;
in relation to regulation 62 payments from an employer to HMRC were a payment of tax falling within items 17, 23 or 24 of the table in paragraph 1 of that Schedule;
references to the PAYE Regulations in item 2 of the table in paragraph 1 of that Schedule were references to this Part.
For tax years commencing on or after 6 April 2014, where the date on which the return is due to be filed is on or after 6 April 2014, where a Real Time Information employer—
carelessly or deliberately makes an incorrect return under regulations 59B or 59E; and
the return contains an inaccuracy which amounts to, or leads to–
an understatement of liability under this Part to make payments to HMRC; or
false or inflated claim for the recovery of payments made to HMRC under this Part,
penalties as set out in Schedule 24 to the Finance Act 2007 (penalties for error) will apply as they apply in connection with a return for the purposes of the PAYE Regulations.
Annotations
Textual amendments
- F1
Words in reg. 68(1) omitted (6.4.2014) by virtue of The Education (Student Loans) (Repayment) (Amendment) Regulations 2014 (S.I. 2014/651), regs. 1(1), 11(a)
- F2
Reg. 68(3) substituted (6.4.2010 in relation to tax years commencing on or after that date) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2010 (S.I. 2010/661), regs. 1, 6
- F3
Words in reg. 68(3) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 53
- F4
Reg. 68(4) inserted (6.4.2014) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2014 (S.I. 2014/651), regs. 1(1), 11(b)