OpenLegislation

Paragraph 1 I1C1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A penalty is payable by a person (P) where—

(a)

P gives HMRC a document of a kind listed in the Table below, and

(b)

Conditions 1 and 2 are satisfied.

(2)

Condition 1 is that the document contains an inaccuracy which amounts to, or leads to—

(a)

an understatement of F1a liability to tax,

(b)

a false or inflated statement of a loss F2..., or

(c)

a false or inflated claim to repayment of tax.

(3)

Condition 2 is that the inaccuracy was F3careless (within the meaning of paragraph 3) or deliberate on P’s part.

(4)

Where a document contains more than one inaccuracy, a penalty is payable for each inaccuracy.

TaxDocument
Income tax or capital gains taxReturn under section 8 of TMA 1970 (personal return).
Income tax or capital gains taxReturn under section 8A of TMA 1970 (trustee's return).
Income tax or capital gains taxReturn, statement or declaration in connection with a claim for an allowance, deduction or relief.
Income tax or capital gains taxAccounts in connection with ascertaining liability to tax.
Income tax or capital gains taxPartnership return.
Income tax or capital gains taxStatement or declaration in connection with a partnership return.
Income tax or capital gains taxAccounts in connection with a partnership return.
F4Apprenticeship levy Return under regulations under section 105 of FA 2016.
F5Capital gains tax Return under F6Schedule 2 to FA 2019.
F7Income tax Return under section 254 of FA 2004.
Income taxReturn for the purposes of PAYE regulations.
Construction industry deductionsReturn for the purposes of regulations under section 70(1)(a) of FA 2004 in connection with deductions on account of tax under the Construction Industry Scheme.
Corporation taxCompany tax return under paragraph 3 of Schedule 18 to FA 1998.
Corporation taxReturn, statement or declaration in connection with a claim for an allowance, deduction or relief.
Corporation taxAccounts in connection with ascertaining liability to tax.
F8Digital services tax DST return under paragraph 2 of Schedule 8 to FA 2020.
F9Multinational top-up taxOverseas return notification and information provided with it
Multinational top-up taxSelf-assessment return and information provided with it
Multinational top-up taxBelow-threshold notification and information provided with it
F10Domestic top-up taxOverseas return notification and information provided with it
Domestic top-up taxSelf-assessment return and information provided with it
Domestic top-up taxSelf-assessment return and information provided with it
VATBelow-threshold notification and information provided with it
VATReturn, statement or declaration in connection with a claim.
F11. . .. . .
F12Insurance premium tax Return under regulations under section 54 of FA 1994.
Insurance premium taxReturn, statement or declaration in connection with a claim.
Inheritance taxAccount under section 216 or 217 of IHTA 1984.
Inheritance taxInformation or document under regulations under section 256 of IHTA 1984.
Inheritance taxStatement or declaration in connection with a deduction, exemption or relief.
Stamp duty land taxReturn under section 76 of FA 2003.
Stamp duty reserve taxReturn under regulations under section 98 of FA 1986.
F13Annual tax on enveloped dwellings Annual tax on enveloped dwellings return.
Annual tax on enveloped dwellings Return of adjusted chargeable amount.
Petroleum revenue taxReturn under paragraph 2 of Schedule 2 to the Oil Taxation Act 1975.
F14Petroleum revenue tax Statement or declaration in connection with a claim under paragraph 13A of Schedule 2 to the Oil Taxation Act 1975.
Petroleum revenue taxStatement or declaration in connection with a claim under Schedule 5, 6, 7 or 8 to the Oil Taxation Act 1975.
Petroleum revenue taxStatement under section 1(1)(a) of the Petroleum Revenue Tax Act 1980.
F15Plastic packaging tax Return under regulations under section 61 of FA 2021.
F16Soft drinks industry levy Return under regulations under section 52 of FA 2017
Aggregates levyReturn under regulations under section 25 of FA 2001.
Climate change levyReturn under regulations under paragraph 41 of Schedule 6 to FA 2000.
F17Carbon border adjustment mechanism Return under paragraph 7 of Schedule 17 to FA 2026.
Landfill taxReturn under regulations under section 49 of FA 1996.
Air passenger dutyReturn under section 38 of FA 1994.
F18. . .. . .
F19Alcohol duty Statement or declaration in connection with a claim for repayment of duty under section 75 of F(No. 2)A 2023.
F20Alcohol duty Return under regulations under section 88 of F(No. 2)A 2023.
Tobacco products dutyReturn under regulations under section 7 of the Tobacco Products Duties Act 1979.
F21Vaping products duty Vaping products duty return.
Hydrocarbon oil dutiesReturn under regulations under section 21 of the Hydrocarbon Oil Duties Act 1979.
Excise dutiesReturn under regulations under section 93 of CEMA 1979.
Excise dutiesReturn under regulations under section 100G or 100H of CEMA 1979.
Excise dutiesStatement or declaration in connection with a claim.
General betting dutyReturn under regulations under F22section 166 of FA 2014.
Pool betting dutyReturn under regulations under F23section 166 of FA 2014.
Bingo dutyReturn under regulations under paragraph 9 of Schedule 3 to BGDA 1981.
Lottery dutyReturn under regulations under section 28(2) of FA 1993.
Gaming dutyReturn under directions under paragraph 10 of Schedule 1 to FA 1997.
Remote gaming dutyReturn under regulations under F24section 166 of FA 2014.
F25Machine games duty Return under regulations under paragraph 18 of Schedule 24 to FA 2012
F26Any of the taxes mentioned above

Any document which is likely to be relied upon by HMRC to determine, without further inquiry, a question about—

  1. (a)

    P's liability to tax,

  2. (b)

    payments by P by way of or in connection with tax,

  3. (c)

    any other payment by P (including penalties), or

  4. (d)

    repayments, or any other kind of payment or credit, to P.

F27(4A)

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

(4B)

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

(4C)

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

F28(5)

In relation to a return under paragraph 2 of Schedule 2 to the Oil Taxation Act 1975 F29or a statement or declaration under paragraph 13A of that Schedule, references in this Schedule to P include any person who, after the giving of the return for a taxable field (within the meaning of that Act), becomes the responsible person for the field (within the meaning of that Act).

Annotations

Textual amendments

F1

Word in Sch. 24 para. 1(2) substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(2)(a); S.I. 2009/571, art. 2

F2

Words in Sch. 24 para. 1(2) omitted (1.4.2009) by virtue of Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(2)(b); S.I. 2009/571, art. 2

F3

Words in Sch. 24 para. 1(3) substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(3); S.I. 2009/571, art. 2

F4

Words in Sch. 24 para. 1 inserted (6.4.2017) by Finance Act 2016 (c. 24), s. 113(2)(16) (with s. 117); S.I. 2017/355, reg. 2

F5

Words in Sch. 24 para. 1(4) inserted (with effect in accordance with Sch. 7 para. 60 of the amending Act) by Finance Act 2015 (c. 11), Sch. 7 para. 56(2)

F6

Words in Sch. 24 para. 1(4) substituted (with effect in accordance with Sch. 2 para. 32(1) of the amending Act) by Finance Act 2019 (c. 1), Sch. 2 para. 27(2)

F7

Words in Sch. 24 para. 1 inserted (with effect in accordance with art. 3-5 of the commencing S.I.) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(4); S.I. 2009/571, art. 2

F8

Words in Sch. 24 para. 1 table inserted (22.7.2020) by Finance Act 2020 (c. 14), Sch. 10 para. 3(2)

F9

Words in Sch. 24 para. 1 Table inserted (with effect in relation to accounting periods commencing on or after 31.12.2023) by Finance (No. 2) Act 2023 (c. 30), s. 264, Sch. 14 para. 45

F10

Words in Sch. 24 para. 1 Table inserted (with effect in relation to accounting periods commencing on or after 31.12.2023) by Finance (No. 2) Act 2023 (c. 30), s. 278, Sch. 18 para. 6(2)

F11

Words in Sch. 24 para. 1 omitted (31.12.2020) by virtue of Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 111(2) (with savings and transitional provisions in S.I. 2019/105 (as amended by S.I. 2020/1495, regs. 1(2), 21), S.I. 2020/1545, Pt. 4 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(b) (with reg. 7)

F12

Words in Sch. 24 para. 1 inserted (with effect in accordance with art. 3-5 of the commencing S.I.) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(5); S.I. 2009/571, art. 2

F13

Words in Sch. 24 para. 1 inserted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 34 para. 6

F14

Words in Sch. 24 para. 1 inserted (with effect in accordance with s. 28(2) of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 12 para. 12(2)

F15

Words in Sch. 24 para. 1 inserted (10.12.2021 for specified purposes, 1.4.2022 in so far as not already in force and with effect in accordance with s. 85(1)(b) of the amending Act) by Finance Act 2021 (c. 26), s. 85(1)(a), Sch. 15 para. 6; S.I. 2021/1409, regs. 3, 4

F16

Words in Sch. 24 para. 1 inserted (6.4.2018) by Finance Act 2017 (c. 10), s. 61(2), Sch. 11 para. 3; S.I. 2018/467, reg. 2

F17

Words in Sch. 24 para. 1 Table inserted (with effect in accordance with s. 158 of the amending Act) by Finance Act 2026 (c. 11), s. 158, Sch. 17 para. 36(1)

F18

Words in Sch. 24 para. 1 omitted (1.2.2025) by virtue of Finance (No. 2) Act 2023 (c. 30), s. 120(2), Sch. 13 para. 29(2); S.I. 2025/96, reg. 2(e) (with reg. 3)

F19

Words in Sch. 24 para. 1 substituted (1.8.2023) by Finance (No. 2) Act 2023 (c. 30), s. 120(2), Sch. 13 para. 17; S.I. 2023/884, reg. 2(1)(j) (with reg. 10)

F20

Words in Sch. 24 para. 1 inserted (1.2.2025) by Finance (No. 2) Act 2023 (c. 30), s. 120(2), Sch. 13 para. 29(3); S.I. 2025/96, reg. 2(e) (with reg. 3)

F21

Words in Sch. 24 para. 1 Table inserted (18.3.2026) by Finance Act 2026 (c. 11), Sch. 15 para. 1(1)

F22

Words in Sch. 24 para. 1(4) Table substituted (18.3.2026) by Finance Act 2026 (c. 11), s. 280(3)(a)

F23

Words in Sch. 24 para. 1(4) Table substituted (18.3.2026) by Finance Act 2026 (c. 11), s. 280(3)(b)

F24

Words in Sch. 24 para. 1(4) Table substituted (18.3.2026) by Finance Act 2026 (c. 11), s. 280(3)(c)

F25

Words in Sch. 24 para. 1 inserted (with effect in accordance with Sch. 24 para. 66(2) of the amending Act) by Finance Act 2012 (c. 14), Sch. 24 para. 29

F26

Words in Sch. 24 para. 1 substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(6); S.I. 2009/571, art. 2

F27

Sch. 24 para. 1(4A)-(4C) omitted (31.12.2020) by virtue of Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 111(3) (with savings and transitional provisions in S.I. 2019/105 (as amended by S.I. 2020/1495, regs. 1(2), 21), S.I. 2020/1545, Pt. 4 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(b) (with reg. 7)

F28

Sch. 24 para. 1(5) inserted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(7); S.I. 2009/571, art. 2

F29

Words in Sch. 24 para. 1(5) inserted (with effect in accordance with s. 28(2) of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 12 para. 12(3)

Modifications

C1

Sch. 24 para. 1 modified (temp.) (with effect in accordance with Sch. 10 para. 43 of the amending Act) by Finance Act 2022 (c. 3), Sch. 10 para. 27 (as amended (5.1.2023) by S.I. 2022/1321, regs. 1, 2(2))

Commencement

I1

Sch. 24 para. 1 in force at 1.4.2008 for certain purposes, 1.7.2008 for certain purposes, 1.1.2009 for certain purposes, and 1.4.2009 in so far as not already in force by S.I. 2008/568, art. 2 (with art. 3)

Notes on Schedule 24

Modifications

C1

Sch. 24 applied (N.I.) (1.4.2008) by The Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2000 (S.R. 2000/121), regs. 7(2A)(b), 26(4) (as amended by S.R. 2008/129, regs. 1, 3(a), 4)

C2

Sch. 24 applied (6.4.2008) by The Social Security (Contributions) Regulations 2001 (S.I. 2001/1004), reg. 81(1)(1A), Sch. 4 paras. 21A(8), 21D(9), 21F(12), 22(7), 31(8) (as amended by S.I. 2008/636, reg. 7; S.I. 2010/721, reg. 4; S.I. 2012/821, reg. 11)

C3

Sch. 24 applied (E.W.) (6.4.2009) by The Education (Student Loans) (Repayment) Regulations 2009 (S.I. 2009/470), regs. 1(1), 13(3)(b), 40(4), 59(8)(b) (with reg. 1(4)(6))

C4

Sch. 24 applied (N.I.) (6.4.2009) by The Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009 (S.R. 2009/128), regs. 1(1), 9(3)(b), 35(4), 54(8)(b)

C5

Sch. 24 modified (8.4.2010) by Finance Act 2010 (c. 13), Sch. 1 para. 37

C6

Sch. 24 applied (with modifications) (19.4.2013) by The Small Charitable Donations Regulations 2013 (S.I. 2013/938), regs. 1, 15

C7

Sch. 24 excluded (17.7.2014) by Finance Act 2014 (c. 26), Sch. 35 para. 13(a)

C8

Sch. 24 applied by 1993 c. 34, Sch. 20A para. 9A(6) (as inserted (19.12.2014) by The Lloyd's Underwriters (Conversion of Partnerships to Underwriting through Successor Companies) (Tax) Regulations 2014 (S.I. 2014/3133), regs. 1, 5(4))

C9

Sch. 24 applied (with modifications) by 1992 c. 4, s. 11A(1)(3) (as inserted (with effect in accordance with Sch. 1 para. 35 of the amending Act) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 para. 3)

C10

Sch. 24 applied (with modifications) by 1992 c.7 (N.I.) s. 11A(1)(3) (as inserted (with effect in accordance with Sch. 1 para. 35 of the amending Act) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 para. 12)

C11

Sch. 24 applied (with application in accordance with reg. 1 of the amending S.I.) by The Education (Postgraduate Masters Degree Loans) Regulations 2016 (S.I. 2016/606), regs. 1(1), 85(4)

C12

Sch. 24 applied (with application in accordance with reg. 1 of the amending S.I.) by The Education (Postgraduate Masters Degree Loans) Regulations 2016 (S.I. 2016/606), regs. 1(1), 50(3)

C13

Sch. 24 applied (with application in accordance with reg. 1 of the amending S.I.) by The Education (Postgraduate Masters Degree Loans) Regulations 2016 (S.I. 2016/606), regs. 1(1), 24(3)

C14

Sch. 24 applied (with modifications) (1.5.2023) by The Value Added Tax (Margin Schemes and Removal or Export of Goods: VAT-related Payments) Order 2023 (S.I. 2023/68), arts. 1(1), 14 (with art. 1(2))

C15

Sch. 24 applied (14.9.2023) by The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) (No. 2) Regulations 2023 (S.I. 2023/912), regs. 1(2), 40(2) (with reg. 1(3))

C16

Sch. 24 applied (24.4.2025 for the tax year 2023-24 and subsequent tax years) by The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2025 (S.I. 2025/419), regs. 1(2)(3), 15(3)

Notes on Part 1

Modifications

C1

Sch. 24 Pt. 1 modified (10.6.2021 for specified purposes, 1.7.2021 for specified purposes) by 1994 c. 23, Sch. 9ZF para. 9 (as inserted by Finance Act 2021 (c. 26), s. 95(6)(a), Sch. 18 para. 6); S.I. 2021/770, regs. 3, 4 (with regs. 5-7) (as amended (1.4.2022) by The Value Added Tax (Enforcement Related to Distance Selling and Miscellaneous Amendments) Regulations 2022 (S.I. 2022/226), regs. 1, 26(b))