Paragraph 22

United Kingdom

(1)

If a person—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

fails to make records as required by any provision of regulations made under paragraph 2 F2or 2A above,

he is liable to a penalty of £250; but this is subject to sub-paragraph (4) below.

(2)

Where—

(a)

a penalty (an initial penalty) is imposed on a person under sub-paragraph (1) above, and

(b)

the failure which led to the initial penalty continues after its imposition,

he is (subject to sub-paragraph (4) below) liable to a further penalty of £20 for each day during which (or any part of which) the failure continues after the day on which the initial penalty was imposed.

(3)

A person F3who—

(a)

fails to preserve records in compliance with any provision of regulations made under paragraph 2 (read with that paragraph and any direction given under the regulations), or

(b)

fails to preserve records in compliance with any provision of regulations made under paragraph 2A (read with that paragraph and any direction given under the regulations),

is liable to a penalty of £250; but this is subject to sub-paragraph (4) below.

(4)

Where by reason of a failure falling within sub-paragraph (1) or (3) above—

(a)

a person is convicted of an offence (whether under this Part of this Act or otherwise), or

(b)

a person is assessed to a penalty under paragraph 18 above F4or a penalty for a deliberate inaccuracy under Schedule 24 to the Finance Act 2007 (penalties for errors) F5or a penalty under Schedule 41 to the Finance Act 2008 (penalties: failure to notify and certain VAT and excise wrongdoing),

that failure shall not also give rise to liability to a penalty under this paragraph.

Annotations

Textual amendments

F1: Sch. 5 para. 22(1)(a) and word 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. 7(b) (with art. 6)
F2: Words in Sch. 5 para. 22(1)(b) inserted (with effect in accordance with Sch. 15 para. 8 of the amending Act) by Finance Act 2015 (c. 11), Sch. 15 para. 7(5)(a)
F3: Words in Sch. 5 para. 22(3) substituted (with effect in accordance with Sch. 15 para. 8 of the amending Act) by Finance Act 2015 (c. 11), Sch. 15 para. 7(5)(b)
F4: Words in Sch. 5 para. 22(4) 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. 19
F5: Words in Sch. 5 para. 22(4)(b) inserted (1.4.2010) by The Finance Act 2008 (Penalties for Errors and Failure to Notify etc) (Consequential Amendments) Order 2010 (S.I. 2010/530), art. 1, Sch. para. 6(b)

Notes on Schedule 5

Modifications

C1: Sch. 5 extended (19.3.1997) by 1997 c. 16, s. 50(1), Sch. 5 Pt. I para. 4(3)