Section 153D Penalties for inaccurate information in applicationsF1

This section applies where—

Condition A is that the inaccuracy is careless or deliberate.

An inaccuracy is careless if it is due to a failure by the scheme administrator to take reasonable care.

Condition B is that the scheme administrator knows of the inaccuracy at the time the application is made but does not inform an officer of Revenue and Customs at that time.

Condition C is that the scheme administrator—

The scheme administrator is liable to a penalty not exceeding the maximum penalty for which the scheme administrator could have been liable under paragraph 40A of Schedule 36 to the Finance Act 2008 (penalties for inaccurate information and documents) had that paragraph applied in relation to the inaccuracy.

Where the information contains more than one material inaccuracy, a penalty is payable for each inaccuracy.

Paragraphs 46 to 49 of Schedule 36 to the Finance Act 2008 (assessment of penalties etc) apply in relation to a penalty under this section as they apply in relation to a penalty under paragraph 40A of that Schedule.