Section 245A Failure to provide information etc.F1

United Kingdom

(1)

A person who fails to make a return under section 218 above shall be liable—

(a)

to a penalty not exceeding £300; and

(b)

to a further penalty not exceeding £60 for every day after the day on which the failure has been declared by a court or the F2tribunal and before the day on which the return is made.

F3(1A)

A person who fails to comply with the requirements of section 218A above shall be liable—

(a)

to a penalty not exceeding £100; and

(b)

to a further penalty not exceeding £60 for every day after the day on which the failure has been declared by a court or the tribunal and before the day on which the requirements are complied with.

F4(1B)

Without prejudice to any penalties under subsection (1A) above, if a person continues to fail to comply with the requirements of section 218A after the anniversary of the end of the period of six months referred to in section 218A(1), he shall be liable to a penalty of an amount not exceeding £3,000.

(2)

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

A person shall not be liable to a penalty under subsection (1)(b) F6or (1A)(b) above if—

(a)

he makes the return required by section 218 above, F7or

F8(aa)

he complies with the requirements of section 218A above,

(b)

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

before proceedings in which the failure could be declared are commenced.

(5)

A person who has a reasonable excuse for failing to make a return F10or to comply with the requirements of section 218A shall not be liable by reason of that failure to a penalty under this section, unless he fails to make the return F11or to comply with those requirements without unreasonable delay after the excuse has ceased.

Annotations

Textual amendments

F1: Ss. 245, 245A substituted for s. 245 by (27.7.1999 with effect as mentioned in s. 108(3) of the amending Act) by 1999 c. 16, s. 108(1)(3)
F2: Words in s. 245A substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 3(1), Sch. 1 para. 121
F3: S. 245A(1A) inserted (24.7.2002 with application as mentioned in s. 120(4) of the amending Act) by 2002 c. 23, s. 120(3)(a),(4)
F4: S. 245A(1B) inserted (with effect as mentioned in s. 295(7) of the amending Act) by Finance Act 2004 (c. 12), s. 295(3)(a)
F5: S. 245A(2)(3) omitted (1.4.2010) by virtue of The Finance Act 2009, Section 96 and Schedule 48 (Appointed Day, Savings and Consequential Amendments) Order 2009 (S.I. 2009/3054), art. 3, {Sch. para. 2(4)(a)} (with art. 4)
F6: Words in s. 245A(4) substituted (1.4.2010) by The Finance Act 2009, Section 96 and Schedule 48 (Appointed Day, Savings and Consequential Amendments) Order 2009 (S.I. 2009/3054), art. 3, {Sch. para. 2(4)(b)(i)} (with art. 4)
F7: Word in s. 245A(a) inserted (1.4.2010) by The Finance Act 2009, Section 96 and Schedule 48 (Appointed Day, Savings and Consequential Amendments) Order 2009 (S.I. 2009/3054), art. 3, {Sch. para. 2(4)(b)(ii)} (with art. 4)
F8: S. 245A(4)(aa) inserted (24.7.2002 with application as mentioned in s. 120(4) of the amending Act) by 2002 c. 23, s. 120(3)(b),(4)
F9: S. 245A(4)(b)(c) omitted (1.4.2010) by virtue of The Finance Act 2009, Section 96 and Schedule 48 (Appointed Day, Savings and Consequential Amendments) Order 2009 (S.I. 2009/3054), art. 3, {Sch. para. 2(4)(b)(iii)} (with art. 4)
F10: Words in s. 245A(5) substituted (1.4.2010) by The Finance Act 2009, Section 96 and Schedule 48 (Appointed Day, Savings and Consequential Amendments) Order 2009 (S.I. 2009/3054), art. 3, {Sch. para. 2(4)(c)(i)} (with art. 4)
F11: Words in s. 245A(5) substituted (1.4.2010) by The Finance Act 2009, Section 96 and Schedule 48 (Appointed Day, Savings and Consequential Amendments) Order 2009 (S.I. 2009/3054), art. 3, {Sch. para. 2(4)(c)(ii)} (with art. 4)

Notes on the whole Act

Textual amendments

F1: By Finance Act 1986 s. 100(1), on and after 25 July 1986 the Capital Transfer Tax Act 1984 may be cited as the Inheritance Tax Act 1984.