Section 129 Penalty for inaccuracy in document given to WRAI1

England and Wales

(1)

A person is liable to a penalty where—

(a)

the person gives WRA a document, and

(b)

conditions 1 and 2 are satisfied.

(2)

Condition 1 is that the document contains an inaccuracy which amounts to, or leads to—

(a)

an understatement of a liability to a F1WRA-collected tax,

(b)

a false or inflated statement of a loss relating to a WRA-collected tax, F2...

(c)

a false or inflated claim to repayment of WRA-collected tax F3, or

(d)

a false or inflated claim for a tax credit.

(3)

Condition 2 is that the inaccuracy was deliberate or careless on the person's part.

(4)

An inaccuracy is careless on a person's part if it is due to the person's failure to take reasonable care.

(5)

An inaccuracy which was neither deliberate nor careless on a person's part when the document was given is to be treated as careless if the person—

(a)

discovered the inaccuracy at some later time, and

(b)

did not take reasonable steps to inform WRA.

(6)

Where a document contains more than one inaccuracy in respect of which conditions 1 and 2 are satisfied, the person is liable to a penalty for each such inaccuracy.

Annotations

Textual amendments

F1: Word in Act substituted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5), s. 67(1), Sch. 2 para. 21
F2: Word in s. 129(2) omitted (1.4.2018) by virtue of The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101), reg. 1(2), Sch. para. 29(a)
F3: S. 129(2)(d) and word inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101), reg. 1(2), Sch. para. 29(b)

Commencement

I1: S. 129 in force at 1.4.2018 by S.I. 2018/33, art. 3

Notes on the whole Act

Textual amendments

F1: Word in Act substituted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5), s. 67(1), Sch. 2 para. 21