Paragraph 16 I1I2I3I4I5
Where a person is liable to a penalty under this Schedule HMRC may assess the penalty.
HMRC may by regulations make provision for HMRC to assess a penalty under paragraph 8 at times or intervals before the end of the further penalty period.
Where HMRC assess a penalty they must notify the person and state in the notice—
the failure to pay the tax due, for which the person is liable to the penalty,
the amount of the penalty, and
how that amount has been calculated (including F1, where the penalty is assessed under paragraph 8, the period by reference to which the penalty has been calculated).
A penalty under this Schedule must be paid before the end of the period of 30 days beginning with the day on which notification of the penalty is issued.
An assessment of a penalty under this Schedule—
is to be treated for procedural purposes in the same way as an assessment to tax (except in respect of a matter expressly provided for in this Schedule),
may be enforced as if it were an assessment to tax, and
may be combined with an assessment to tax.
Annotations
Textual amendments
- F1
Words in Sch. 26 para. 16(3)(c) substituted (1.4.2026 for the purposes for which Sch. 26 is in force immediately before that date and for all other purposes at the same time as Sch. 26 comes into force for those purposes) by Finance Act 2026 (c. 11), s. 263(2)(6)(7)
Commencement
- I1
Sch. 26 para. 16 in force at 1.1.2023 for specified purposes by S.I. 2022/1278, reg. 2(2)
- I2
Sch. 26 para. 16 in force at 6.4.2024 for specified purposes by S.I. 2024/440, reg. 2(2)
- I3
Sch. 26 para. 16 in force at 12.11.2024 for specified purposes by S.I. 2024/1132, reg. 2
- I4
Sch. 26 para. 16 in force at 28.3.2025 for specified purposes by S.I. 2025/399, reg. 2
- I5
Sch. 26 para. 16 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))