# Finance Act 2009, Paragraph 11

Extent: E+W+S+N.I.

(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 deliberately 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 any other caseany 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.

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Source: https://www.legislation.gov.uk/ukpga/2009/10/schedule/55/paragraph/11 (the official version)
Page: https://openlegislation.uk/finance-act-2009/schedule-55/paragraph-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.