Paragraph 13C I1 F1

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)

This paragraph applies if—

(a)

a penalty period has begun under paragraph 13B or 13G because P has failed to make a return (“return A”), and

(b)

before the end of the period, P fails to make another return (“return B”) falling within the same item in the Table as return A.

(2)

In such a case—

(a)

paragraph 13B(1) and (2) do not apply to the failure to make return B, but

(b)

P is liable to a penalty under this paragraph for that failure, and

(c)

the penalty period that has begun is extended so that it ends with the day 12 months after the filing date for return B.

(3)

The amount of the penalty under this paragraph is determined by reference to the number of returns that P has failed to make during the penalty period.

(4)

If the failure to make return B is P's first failure to make a return during the penalty period, P is liable, at the time of the failure, to a penalty of £200.

(5)

If the failure to make return B is P's second failure to make a return during the penalty period, P is liable, at the time of the failure, to a penalty of £300.

(6)

If the failure to make return B is P's third or a subsequent failure to make a return during the penalty period, P is liable, at the time of the failure, to a penalty of £400.

(7)

For the purposes of this paragraph—

(a)

in accordance with sub-paragraph (1)(b), the references in sub-paragraphs (3) to (6) to a return are references to a return falling within the same item in the Table as returns A and B, and

(b)

a failure to make a return counts for the purposes of those sub-paragraphs if (but only if) the return relates to a period of less than 6 months.

(8)

A penalty period may be extended more than once under sub-paragraph (2)(c).

Annotations

Textual amendments

F1: Sch. 55 paras. 13A-13J and cross-headings inserted (12.2.2019 for the purposes of soft drinks industry levy, 1.4.2022 for the purposes of plastic packaging tax) by Finance (No. 3) Act 2010 (c. 33), s. 26(2), Sch. 10 para. 7 (as amended (17.7.2014) by Finance Act 2014 (c. 26), Sch. 22 para. 21(3); (12.2.2019) by Finance Act 2019 (c. 1), s. 67(1); and (1.4.2022 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. 3(1); S.I. 2021/1409, reg. 4); 2019 c. 1, s. 67(2), 2021 c. 26, Sch. 15 para. 3(2)

Commencement

I1: Sch. 55 para. 13C in force at 1.4.2022 for specified purposes by S.I. 2021/1409, reg. 2(b)

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 13C I1F1