Paragraph 24

(1)

Where by reason of any conduct a person—

(a)

has been convicted of an offence, or

(b)

is liable to a penalty otherwise than under paragraph 1 for which the person has been assessed (and the assessment has not been successfully appealed against or withdrawn),

that conduct does not give rise to liability to a penalty under paragraph 1.

(2)

In sub-paragraph (1) the reference to a penalty otherwise than under paragraph 1—

(a)

includes a penalty under paragraph 6 of Schedule 55 to FA 2009, but does not include penalties under any other provision of that Schedule, and

(b)

includes a penalty under subsection (5) of section 93 of TMA 1970 but, does not include penalties under any other provision of that section.

(3)

But the aggregate of—

(a)

the amount of a penalty under paragraph 1, and

(b)

the amount of a penalty under paragraph 5 of Schedule 55 which is determined by reference to a liability to tax,

must not exceed 200% of that liability to tax.

(4)

In sub-paragraph (1) “conduct” includes a failure to act.