Paragraph 1 I1I2I3I4I5
This Schedule makes provision for penalties to be payable by a person who, in relation to a tax dealt with by one of the following tables, fails to pay an amount specified in column 2 of the table (“the tax due”) on or before the date specified in column 3 of the table (“the specified date”).
Income tax or capital gains tax
| 1 | Amount of income tax or capital gains tax payable under section 55 F2or 56(3)(b) of TMA 1970 | The date determined in accordance with section 55 or 56(3)(b) of TMA 1970 as the date by which the amount must be paid |
| 2 | Amount of income tax or capital gains tax payable under section 59B(3) or (4) of TMA 1970 | The date specified in section 59B(3) or (4) of TMA 1970 as the date by which the amount must be paid |
| 3 | Amount of income tax or capital gains tax payable under section 59B(5) or (6) of TMA 1970 | The date specified in section 59B(5) or (6) of TMA 1970 as the date by which the amount must be paid |
| 4 | Amount of income tax or capital gains tax payable under section 59B(5A) of TMA 1970 | The date specified in section 59B(5A) of TMA 1970 as the date by which the amount must be paid |
| 5 | Amount of income tax or capital gains tax payable under section 59BA(4) or (5) of TMA 1970 | The date specified in section 59BA(4) or (5) of TMA 1970 as the date by which the amount must be paid |
| 6 | Amount of income tax payable under regulations under section 244L(2)(a) of FA 2004 | The due date determined by or under the regulations |
| 7 | Amount of income tax shown in a return under section 254(1) of FA 2004 | The date specified in section 254(5) of FA 2004 as the date by which the amount must be paid |
| 8 | Amount of income tax or capital gains tax (not within item 4) shown in an assessment or determination made by HMRC in default of a return (see paragraph 3) | The date by which the amount would have been required to be paid if it had been shown in the return in question |
| 9 | Amount of income tax or capital gains tax (not within item 1 or 3) shown in an amendment or correction of a return | The later of—
|
| 10 | Amount of income tax or capital gains tax (not within item 1 or 3) shown in an assessment or determination made by HMRC otherwise than in default of a return (see paragraph 3) | The later of—
|
Value added tax
| 1 | Amount of value added tax payable under section 25(1) of VATA 1994 F3except an amount within item 3, 4 or 5, or that is an annual accounting scheme instalment | The date determined by or under regulations under section 25 of VATA 1994 as the date by which the amount must be paid |
| 2 | F4. . . | . . . |
| 3 | Amount of value added tax shown in an assessment made by HMRC in default of a return (see paragraph 3) | The date by which the amount would have been required to be paid if it had been shown in the return in question |
| 4 | Amount of value added tax shown in an amendment or correction of a return | The date falling 30 days after the date on which the amendment or correction is made |
| 5 | Amount of value added tax shown in an assessment made by HMRC otherwise than in default of a return (see paragraph 3) | The date falling 30 days after the date on which the assessment is made |
F5Carbon border adjustment mechanism
| 1 | Amount of CBAM payable under paragraph 6 of Schedule 17 to FA 2026 (except an amount within item 2, 3 or 4) | The date determined by paragraph 6 of Schedule 17 to FA 2026 as the date by which the amount must be paid |
| 2 | Amount of CBAM shown in an assessment made by HMRC in default of a return (see paragraph 3) | The date by which the amount would have been required to be paid if it had been shown in the return in question |
| 3 | Amount of CBAM shown in an amendment of a return | The date falling 30 days after the date on which the amendment is made |
| 4 | Amount of CBAM shown in an assessment made by HMRC otherwise than in default of a return (see paragraph 3) | The date falling 30 days after the date on which the assessment is made |
F6Vaping products duty
| 1 | Amount of vaping products duty payable under Part 4 of FA 2026 (except an amount within item 2 or 3) | The date determined by or under regulations under section 45 of TCTA 2018 as the date by which the amount must be paid |
| 2 | Amount of vaping products duty shown in an assessment made by HMRC in default of a return | The date by which the amount would have been required to be paid if it had been shown in the return in question |
| 3 | Amount of vaping products duty shown in an amendment or correction of a return | The date falling 30 days after the date on which the amendment or correction is made |
In the table relating to value added tax, “annual accounting scheme instalment” means an amount payable to HMRC by virtue of regulation 50(2)(a) of the Value Added Tax Regulations 1995 (S.I. 1995/2518).
Annotations
Textual amendments
- F1
Sch. 26 para. 1 renumbered as Sch. 26 para. 1(1) (retrospectively) by Finance (No. 2) Act 2023 (c. 30), s. 335(2)(5)
- F2
Words in Sch. 26 para. 1(1) Table inserted (1.4.2026 for the purposes for which the amended provision is in force immediately before that date and for all other purposes at the same time as the amended provision comes into force for those purposes) by Finance Act 2026 (c. 11), s. 264(2)(4)
- F3
Words in Sch. 26 para. 1(1) table item 1 substituted (retrospectively) by Finance (No. 2) Act 2023 (c. 30), s. 335(3)(a)(5)
- F4
Sch. 26 para. 1(1) table item 2 omitted (retrospectively) by virtue of Finance (No. 2) Act 2023 (c. 30), s. 335(3)(b)(5)
- F5
Words in Sch. 26 para. 1(1) inserted (with effect in accordance with s. 158 of the amending Act) by Finance Act 2026 (c. 11), s. 158, Sch. 17 para. 37
- F6
Words in Sch. 26 para. 1 Table inserted (18.3.2026) by Finance Act 2026 (c. 11), Sch. 15 para. 1(5)
- F7
Sch. 26 para. 1(2) inserted (retrospectively) by Finance (No. 2) Act 2023 (c. 30), s. 335(4)(5)
Commencement
- I1
Sch. 26 para. 1 in force at 1.1.2023 for specified purposes by S.I. 2022/1278, reg. 2(2)
- I2
Sch. 26 para. 1 in force at 6.4.2024 for specified purposes by S.I. 2024/440, reg. 2(2)
- I3
Sch. 26 para. 1 in force at 12.11.2024 for specified purposes by S.I. 2024/1132, reg. 2
- I4
Sch. 26 para. 1 in force at 28.3.2025 for specified purposes by S.I. 2025/399, reg. 2
- I5
Sch. 26 para. 1 in force at 1.4.2026 for specified purposes by S.I. 2026/370, reg. 3(2)
Notes on Schedule 26
Modifications
- C1
Sch. 26 modified (1.3.2024) by 1994 c. 23, Sch. 9ZF para. 13A (as inserted by The Value Added Tax (Distance Selling) (Amendments) Regulations 2024 (S.I. 2024/128), regs. 1(1), 6(6) (with reg. 1(2)))
- C2
Sch. 26 applied (1.4.2026) by S.I. 2009/470, reg. 36(2) (as inserted by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(4), 34(b))