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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)—

(a)

P's failure continues after the end of the period of 3 months beginning with the penalty date,

(b)

HMRC decide that such a penalty should be payable, and

(c)

HMRC give notice to P specifying the date from which the penalty is payable.

(2)

The penalty under this paragraph is £10 for each day that the failure continues during the period of 90 days beginning with the date specified in the notice given under sub-paragraph (1)(c).

(3)

The date specified in the notice under sub-paragraph (1)(c)—

(a)

may be earlier than the date on which the notice is given, but

(b)

may not be earlier than the end of the period mentioned in sub-paragraph (1)(a).

Annotations

Commencement

I1

Sch. 55 para. 4 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. 4 in force at 17.7.2013 for specified purposes by 2013 c. 29, Sch. 34 para. 7(2)

Sch. 55 para. 4 in force at 6.4.2018 for specified purposes by S.I. 2018/468, art. 2(b)

I3

Sch. 55 para. 4 in force at 12.2.2019 for specified purposes by 2019 c. 1, Sch. 2 para. 29(3)

I4

Sch. 55 para. 4 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)

Notes on Amount of penalty: occasional returns and annual returnsAmount of penalty: occasional returns and returns for periods of 6 months or more

Textual amendments

F1: Sch. 55 para. 2 and cross-heading substituted (12.2.2019 for the purposes of soft drinks industry levy) by Finance (No. 3) Act 2010 (c. 33), s. 26(2), Sch. 10 para. 3; 2019 c. 1, s. 67(2)

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