Section 141 Assessment of penalties under Chapter 3I1

England and Wales

(1)

Where a person becomes liable to a penalty under this Chapter, WRA must—

(a)

assess the penalty,

(b)

issue a notice to the person of the penalty assessed, and

(c)

state in the notice the period F1, transaction or claim for tax credit in relation to which the penalty has been assessed.

(2)

An assessment of a penalty under this Chapter may be combined with an assessment to F2WRA-collected tax.

(3)

An assessment of a penalty under section 129 or 132 must be made before the end of the period of 12 months beginning with—

(a)

the end of the appeal period for the decision correcting the inaccuracy, or

(b)

if there is no assessment to the tax concerned as a result of that decision, the day on which the inaccuracy is corrected.

(4)

An assessment of a penalty under section 133 must be made before the end of the period of 12 months beginning with—

(a)

the end of the appeal period for the assessment of tax which corrected the understatement, or

(b)

if there is no assessment correcting the understatement, the day on which the understatement is corrected.

(5)

In subsections (3) and (4), “appeal period” means F3...—

(a)

if no appeal is made, the period during which an appeal could be made, and

(b)

if an appeal is made, the period ending with its final determination or withdrawal.

(6)

Subject to subsections (3) and (4), a supplementary assessment may be made in respect of a penalty under this Chapter if an earlier assessment operated by reference to an underestimate of the potential lost revenue.

Annotations

Textual amendments

F1: Words in s. 141(1)(c) substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101), reg. 1(2), Sch. para. 35
F2: 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
F3: Words in s. 141(5) omitted (1.4.2018) by virtue of Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1), s. 81(2)(3), Sch. 23 para. 51; S.I. 2018/34, art. 3

Commencement

I1: S. 141 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