Paragraph 17
United Kingdom
If a person fails to comply with—
section 53(3) of this Act,
F1...or
a requirement imposed by any regulations made under this Part of this Act, other than a requirement falling within sub-paragraph (2) below,
he shall be liable to a penalty of £250; but this is subject to sub-paragraphs (3) and (4) below.
A requirement falls within this sub-paragraph if it is—
a requirement imposed by regulations made under section 54 of this Act to pay the tax due in respect of any period within the time required by the regulations,
a requirement imposed by regulations made under that section to furnish a return in respect of any period within the time required by the regulations,
a requirement imposed by regulations made under section 65 of this Act to pay tax within the time required by the regulations, or
a requirement specified for the purposes of this sub-paragraph by regulations.
A failure falling within sub-paragraph (1) above shall not give rise to liability to a penalty under this paragraph if the person concerned satisfies the Commissioners or, on appeal, an appeal tribunal that there is a reasonable excuse for the failure.
Where by reason of a failure falling within sub-paragraph (1) above—
a person is convicted of an offence (whether under this Part of this Act or otherwise), or
a person is assessed to a penalty under paragraph 12 above F2or to a penalty for a deliberate inaccuracy under Schedule 24 to the Finance Act 2007 (penalties for errors) ,
that failure shall not also give rise to liability to a penalty under this paragraph.
If it appears to the Treasury that there has been a change in the value of money since the passing of this Act or, as the case may be, the last occasion when the power conferred by this sub-paragraph was exercised, they may by order substitute for the sum for the time being specified in sub-paragraph (1) above such other sum as appears to them to be justified by the change.
An order under sub-paragraph (5) above shall not apply in relation to a failure which began before the date on which the order comes into force.
Annotations
Textual amendments
- F1
Sch. 7 para. 17(1)(b) omitted (1.4.2010) by virtue of The Finance Act 2009, Section 96 and Schedule 48 (Appointed Day, Savings and Consequential Amendments) Order 2009 (S.I. 2009/3054), art. 1, Sch. para. 6(b) (with art. 6)
- F2
Words in Sch. 7 para. 17(4)(b) inserted (1.4.2009) by The Finance Act 2008, Schedule 40 (Appointed Day, Transitional Provisions and Consequential Amendments) Order 2009 (S.I. 2009/571), art. 1(1), Sch. 1 para. 11(4)
Notes on Schedule 7
Modifications
- C1
Sch. 7 extended (19.3.1997) by 1997 c. 16, s. 50, Sch. 5 Pt. I paras. 1, 4(2)