Finance Act 2008

15U.K.In section 118 (interpretation) insert at the end—

(5)For the purposes of this Act a loss of tax or a situation is brought about carelessly by a person if the person fails to take reasonable care to avoid bringing about that loss or situation.

(6)Where—

(a)information is provided to Her Majesty's Revenue and Customs,

(b)the person who provided the information, or the person on whose behalf the information was provided, discovers some time later that the information was inaccurate, and

(c)that person fails to take reasonable steps to inform Her Majesty's Revenue and Customs,

any loss of tax or situation brought about by the inaccuracy shall be treated for the purposes of this Act as having been brought about carelessly by that person.

(7)In this Act references to a loss of tax or a situation brought about deliberately by a person include a loss of tax or a situation that arises as a result of a deliberate inaccuracy in a document given to Her Majesty's Revenue and Customs by or on behalf of that person.

Commencement Information

I1Sch. 39 para. 15 in force at 1.4.2010 for the purposes of the amendments made by that paragraph by S.I. 2009/403, art. 2(2) (with art. 10)