Paragraph 11 I1 I2 I3 I4

United Kingdom

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

Sch. 55 para. 6(3A)(za) inserted by Finance Act 2015 Sch. 20 para. 15(2)(a)
Sch. 55 para. 6(4A)(a) word substituted by Finance Act 2015 Sch. 20 para. 15(3)(b)
Sch. 55 para. 6(4A)(za) inserted by Finance Act 2015 Sch. 20 para. 15(3)(a)
Sch. 55 para. 6(6) word substituted by Finance Act 2015 Sch. 20 para. 15(4)
Sch. 55 para. 15(2) words inserted by Finance Act 2015 Sch. 20 para. 18
Sch. 55 para. 17(4)(b) word omitted by Finance Act 2015 Sch. 20 para. 19
Sch. 55 para. 17(4)(ba) inserted by Finance Act 2015 Sch. 20 para. 19
Sch. 55 para. 1 Table words substituted by Finance Act 2014 Sch. 28 para. 29(a)
Sch. 55 para. 1 Table words substituted by Finance Act 2014 Sch. 28 para. 29(b)
Sch. 55 para. 1 Table words substituted by Finance Act 2014 Sch. 28 para. 29(c)
Sch. 55 para. 6(3A)(a) word substituted by Finance Act 2015 Sch. 20 para. 15(2)(b)

(1)

P is liable to a penalty under this paragraph if (and only if) P's failure continues after the end of the period of 12 months beginning with the penalty date.

(2)

Where, by failing to make the return, P F1deliberately withholds information which would enable or assist HMRC to assess the amount that P is liable to pay to HMRC in accordance with Chapter 3 of Part 3 of FA 2004, the penalty under this paragraph is determined in accordance with sub-paragraphs (3) and (4).

(3)

If the withholding of the information is deliberate and concealed, the penalty is the greater of—

(a)

100% of any liability to make payments which would have been shown in the return in question, and

(b)

£3,000.

(4)

If the withholding of the information is deliberate but not concealed, the penalty is the greater of—

(a)

70% of any liability to make payments which would have been shown in the return in question, and

(b)

£1,500.

(5)

In ~~F2any other case~~any case not falling within sub-paragraph (2), the penalty under this paragraph is the greater of—

(a)

5% of any liability to make payments which would have been shown in the return in question, and

(b)

£300.

Annotations

Textual amendments

F1: Word in Sch. 55 para. 11(2) inserted (6.10.2011 for specified purposes, 12.2.2019 for specified purposes) by Finance (No. 3) Act 2010 (c. 33), s. 26(2), Sch. 10 para. 5(2); S.I. 2011/2391, art. 2(a) (with art. 3); 2019 c. 1, s. 67(2)
F2: Words in Sch. 55 para. 11(5) substituted (6.10.2011 for specified purposes, 12.2.2019 for specified purposes) by Finance (No. 3) Act 2010 (c. 33), s. 26(2), Sch. 10 para. 5(3); S.I. 2011/2391, art. 2(a) (with art. 3); 2019 c. 1, s. 67(2)

Commencement

I1

Sch. 55 para. 11 in force at 1.4.2011 for specified purposes and 6.4.2011 for specified purposes by S.I. 2011/702, art. 2 (with art. 1(2))

I2

Sch. 55 para. 11 in force at 6.10.2011 in so far as not already in force by S.I. 2011/2391, art. 2(b) (with art. 3(1)(2))

I3

Sch. 55 para. 11 in force at 17.7.2013 for specified purposes by 2013 c. 29, Sch. 34 para. 7(2)

Sch. 55 para. 11 in force at 6.4.2018 for specified purposes by S.I. 2018/468, art. 2(b)

I4

Sch. 55 para. 11 in force at 12.2.2019 for specified purposes by 2019 c. 1, Sch. 2 para. 29(3)

Notes on Schedule 55

Modifications

C1: Sch. 55 modified (8.4.2010) by Finance Act 2010 (c. 13), Sch. 1 para. 38
C2: Sch. 55 applied by S.R. 2009/128, reg. 35 (as substituted (6.4.2011) by The Education (Student Loans) (Repayment) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/137), regs. 1(1), 8(a) (with reg. 12))
C3: Sch. 55 applied by S.I. 2009/470, reg. 40(1)(2) (as substituted (6.4.2011) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2011 (S.I. 2011/784), regs. 1(1), 9 (with reg. 12(2)))
C4: Sch. 55 applied (with modifications) by S.I. 2001/1004, Sch. 4 para. 21G (as inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Contributions) (Amendment No. 4) Regulations 2014 (S.I. 2014/2397), regs. 1(1), 3(5))
C5: Sch. 55 applied (with modifications) by 1992 c. 4, s. 11A (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)
C6: Sch. 55 applied (with modifications) by 1992 c. 7, s. 11A (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)
C7: Sch. 55 applied (with modifications) (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(1)(2)
C8: Sch. 55 modified (temp.) (with effect in accordance with Sch. 10 para. 43 of the amending Act) by Finance Act 2022 (c. 3), Sch. 10 para. 26 (as amended (5.1.2023) by S.I. 2022/1321, regs. 1, 2(2)
C9: Sch. 55 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), 42(3) (with reg. 1(3))
C10: Sch. 55 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(2)

Paragraph 11 I1I2I3I4