Paragraph 40 F1

(1)

If—

(a)

a penalty under paragraph 39 is imposed in relation to a person’s failure to comply with a duty, and

(b)

after the penalty has been imposed, the person continues to fail to comply with the duty,

the person is liable to a further penalty not exceeding the applicable rate (as defined in paragraph 39(2)) for each day on which the failure continues.

(2)

Sub-paragraph (1) does not apply to a failure to comply with a duty imposed by paragraph 26(1) or regulations under paragraph 26(3).

Annotations

Textual amendments

F1: Sch. 17 paras. 39-42 substituted for Sch. 17 paras. 39-44 (18.3.2026) by Finance Act 2026 (c. 11), s. 216(3)(b) (with s. 219)

Notes on Schedule 17

Modifications

C1: Sch. 17 modified (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by 1994 c. 23, Sch. 9ZA para. 80 (as inserted by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 2 para. 2 (with s. 3(4), Sch. 2 para. 7(7)-(10)); S.I. 2020/1642, reg. 9)

Notes on Penalty for failure to comply with duties under Part 1 ...

Textual amendments

F1: Words in Sch. 17 para. 39 cross-heading omitted (18.3.2026) by virtue of Finance Act 2026 (c. 11), s. 216(3)(a) (with s. 219)