Paragraph 30 I1
HMRC may not assess a penalty under this Schedule after the applicable deadline.
For a penalty under Part 3, the applicable deadline is the end of the period of 12 months beginning with the day on which the person became liable to the penalty.
For a penalty under Part 4, the applicable deadline is the end of the period of 12 months beginning with the later of—
the first day on which HMRC may assess the penalty F1..., and
day X.
If a loss of tax revenue is brought about by the F2sanctionable conduct, day X is—
the day immediately following the end of the appeal period for the assessment or determination of the tax revenue lost (or, if more than one client is involved, the end of the last such period), or
if there is no such assessment or determination, the day on which the amount of tax revenue lost is ascertained.
Otherwise, day X is the day on which HMRC ascertain that no loss of tax revenue has been brought about by the F3sanctionable conduct.
In sub-paragraph (4), “appeal period” means the period during which—
an appeal could be brought, or
an appeal that has been brought has not been withdrawn or determined.
Annotations
Textual amendments
- F1
Words in Sch. 38 para. 30(3)(a) omitted (1.4.2026) by virtue of Finance Act 2026 (c. 11), s. 250(2), Sch. 22 para. 22(a)
- F2
Word in Sch. 38 para. 30(4) substituted (1.4.2026) by Finance Act 2026 (c. 11), s. 250(2), Sch. 22 para. 22(b)
- F3
Word in Sch. 38 para. 30(5) substituted (1.4.2026) by Finance Act 2026 (c. 11), s. 250(2), Sch. 22 para. 22(b)
Commencement
- I1
Sch. 38 para. 30 in force at 1.4.2013 by S.I. 2013/279, art. 2
Notes on Schedule 38
Textual amendments
- F1
Sch. 38 heading substituted (1.4.2026) by Finance Act 2026 (c. 11), s. 250(2), Sch. 22 para. 2
Modifications
- C1
Sch. 38 applied by S.I. 2009/470, reg. 33(1) (as substituted (6.4.2013) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2013 (S.I. 2013/607), regs. 1(1), 9)
- C2
Sch. 38 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(2)
- C3
Sch. 38 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), 43(1)
- C4
Sch. 38 applied (with application in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Contributions) (Amendment and Application of Schedule 38 to the Finance Act 2012) Regulations 2013 (S.I. 2013/622), regs. 1, 41 (as amended (1.4.2026) by Finance Act 2026 (c. 11), s. 250(2), Sch. 22 para. 35)