- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (26/03/2015)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/04/2016
Point in time view as at 26/03/2015.
Finance Act 2007, Part 2 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Modifications etc. (not altering text)
C1Sch. 24 excluded (17.7.2014) by Finance Act 2014 (c. 26), Sch. 35 para. 13(a)
[F14(1)This paragraph sets out the penalty payable under paragraph 1.U.K.
(2)If the inaccuracy is in category 1, the penalty is—
(a)for careless action, 30% of the potential lost revenue,
(b)for deliberate but not concealed action, 70% of the potential lost revenue, and
(c)for deliberate and concealed action, 100% of the potential lost revenue.
(3)If the inaccuracy is in category 2, the penalty is—
(a)for careless action, 45% of the potential lost revenue,
(b)for deliberate but not concealed action, 105% of the potential lost revenue, and
(c)for deliberate and concealed action, 150% of the potential lost revenue.
(4)If the inaccuracy is in category 3, the penalty is—
(a)for careless action, 60% of the potential lost revenue,
(b)for deliberate but not concealed action, 140% of the potential lost revenue, and
(c)for deliberate and concealed action, 200% of the potential lost revenue.
(5)Paragraph 4A explains the 3 categories of inaccuracy.
Textual Amendments
F1Sch. 24 paras. 4-4D substituted for Sch. 24 para. 4 (6.4.2011) by Finance Act 2010 (c. 13), s. 35(2), Sch. 10 para. 2; S.I. 2011/975, art. 2(1) (with art. 3)
4A(1)An inaccuracy is in category 1 if—U.K.
(a)it involves a domestic matter, or
(b)it involves an offshore matter and—
(i)the territory in question is a category 1 territory, or
(ii)the tax at stake is a tax other than income tax or capital gains tax.
(2)An inaccuracy is in category 2 if—
(a)it involves an offshore matter,
(b)the territory in question is a category 2 territory, and
(c)the tax at stake is income tax or capital gains tax.
(3)An inaccuracy is in category 3 if—
(a)it involves an offshore matter,
(b)the territory in question is a category 3 territory, and
(c)the tax at stake is income tax or capital gains tax.
(4)An inaccuracy “involves an offshore matter” if it results in a potential loss of revenue that is charged on or by reference to—
(a)income arising from a source in a territory outside the UK,
(b)assets situated or held in a territory outside the UK,
(c)activities carried on wholly or mainly in a territory outside the UK, or
(d)anything having effect as if it were income, assets or activities of a kind described above.
(5)An inaccuracy “involves a domestic matter” if it results in a potential loss of revenue that is charged on or by reference to anything not mentioned in sub-paragraph (4)(a) to (d).
(6)If a single inaccuracy is in more than one category (each referred to as a “relevant category”)—
(a)it is to be treated for the purposes of this Schedule as if it were separate inaccuracies, one in each relevant category according to the matters that it involves, and
(b)the potential lost revenue is to be calculated separately in respect of each separate inaccuracy.
(7)“Category 1 territory”, “category 2 territory” and “category 3 territory” are defined in paragraph 21A.
(8)“Assets” has the meaning given in section 21(1) of TCGA 1992, but also includes sterling.
Textual Amendments
F1Sch. 24 paras. 4-4D substituted for Sch. 24 para. 4 (6.4.2011) by Finance Act 2010 (c. 13), s. 35(2), Sch. 10 para. 2; S.I. 2011/975, art. 2(1) (with art. 3)
4BU.K.The penalty payable under paragraph 1A is 100% of the potential lost revenue.
Textual Amendments
F1Sch. 24 paras. 4-4D substituted for Sch. 24 para. 4 (6.4.2011) by Finance Act 2010 (c. 13), s. 35(2), Sch. 10 para. 2; S.I. 2011/975, art. 2(1) (with art. 3)
4CU.K.The penalty payable under paragraph 2 is 30% of the potential lost revenue.
Textual Amendments
F1Sch. 24 paras. 4-4D substituted for Sch. 24 para. 4 (6.4.2011) by Finance Act 2010 (c. 13), s. 35(2), Sch. 10 para. 2; S.I. 2011/975, art. 2(1) (with art. 3)
4DU.K.Paragraphs 5 to 8 define “potential lost revenue”.]
Textual Amendments
F1Sch. 24 paras. 4-4D substituted for Sch. 24 para. 4 (6.4.2011) by Finance Act 2010 (c. 13), s. 35(2), Sch. 10 para. 2; S.I. 2011/975, art. 2(1) (with art. 3)
5(1)“The potential lost revenue” in respect of an inaccuracy in a document [F2(including an inaccuracy attributable to a supply of false information or withholding of information)] or a failure to notify an under-assessment is the additional amount due or payable in respect of tax as a result of correcting the inaccuracy or assessment.U.K.
(2)The reference in sub-paragraph (1) to the additional amount due or payable includes a reference to—
(a)an amount payable to HMRC having been erroneously paid by way of repayment of tax, and
(b)an amount which would have been repayable by HMRC had the inaccuracy or assessment not been corrected.
(3)In sub-paragraph (1) “tax” includes national insurance contributions.
(4)The following shall be ignored in calculating potential lost revenue under this paragraph—
(a)group relief, and
[F3(b)any relief under [F4section 458 of CTA 2010] (relief in respect of repayment etc of loan) which is deferred under [F5subsection (5)] of that section;]
(but this sub-paragraph does not prevent a penalty being charged in respect of an inaccurate claim for relief).
Textual Amendments
F2Words in Sch. 24 para. 5(1) inserted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 7; S.I. 2009/571, art. 2
F3Sch. 24 para. 5(4)(b) substituted (21.7.2009) by Finance Act 2009 (c. 10), Sch. 57 para. 3
F4Words in Sch. 24 para. 5(4)(b) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 575(a) (with Sch. 2)
F5Words in Sch. 24 para. 5(4)(b) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 575(b) (with Sch. 2)
Commencement Information
I1Sch. 24 para. 5 in force at 1.4.2008 for certain purposes, 1.7.2008 for certain purposes, 1.1.2009 for certain purposes, and 1.4.2009 in so far as not already in force by S.I. 2008/568, art. 2 (with art. 3)
6(1)Where P is liable to a penalty [F6under paragraph 1] in respect of more than one inaccuracy, and the calculation of potential lost revenue under paragraph 5 in respect of each inaccuracy depends on the order in which they are corrected—U.K.
(a)careless inaccuracies shall be taken to be corrected before deliberate inaccuracies, and
(b)deliberate but not concealed inaccuracies shall be taken to be corrected before deliberate and concealed inaccuracies.
(2)In calculating potential lost revenue where P is liable to a penalty [F7under paragraph 1] in respect of one or more understatements in one or more documents relating to a tax period, account shall be taken of any overstatement in any document given by P which relates to the same tax period.
(3)In sub-paragraph (2)—
(a)“understatement” means an inaccuracy that satisfies Condition 1 of paragraph 1, and
(b)“overstatement” means an inaccuracy that does not satisfy that condition.
(4)For the purposes of sub-paragraph (2) overstatements shall be set against understatements in the following order—
(a)understatements in respect of which P is not liable to a penalty,
(b)careless understatements,
(c)deliberate but not concealed understatements, and
(d)deliberate and concealed understatements.
(5)In calculating [F8for the purposes of a penalty under paragraph 1] potential lost revenue in respect of a document given by or on behalf of P no account shall be taken of the fact that a potential loss of revenue from P is or may be balanced by a potential over-payment by another person (except to the extent that an enactment requires or permits a person's tax liability to be adjusted by reference to P's).
Textual Amendments
F6Words in Sch. 24 para. 6(1) inserted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 8(2); S.I. 2009/571, art. 2
F7Words in Sch. 24 para. 6(2) inserted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 8(2); S.I. 2009/571, art. 2
F8Words in Sch. 24 para. 6(5) inserted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 8(3); S.I. 2009/571, art. 2
Commencement Information
I2Sch. 24 para. 6 in force at 1.4.2008 for certain purposes, 1.7.2008 for certain purposes, 1.1.2009 for certain purposes, and 1.4.2009 in so far as not already in force by S.I. 2008/568, art. 2 (with art. 3)
7(1)Where an inaccuracy has the result that a loss is wrongly recorded for purposes of direct tax and the loss has been wholly used to reduce the amount due or payable in respect of tax, the potential lost revenue is calculated in accordance with paragraph 5.U.K.
(2)Where an inaccuracy has the result that a loss is wrongly recorded for purposes of direct tax and the loss has not been wholly used to reduce the amount due or payable in respect of tax, the potential lost revenue is—
(a)the potential lost revenue calculated in accordance with paragraph 5 in respect of any part of the loss that has been used to reduce the amount due or payable in respect of tax, plus
(b)10% of any part that has not.
(3)Sub-paragraphs (1) and (2) apply both—
(a)to a case where no loss would have been recorded but for the inaccuracy, and
(b)to a case where a loss of a different amount would have been recorded (but in that case sub-paragraphs (1) and (2) apply only to the difference between the amount recorded and the true amount).
(4)Where an inaccuracy has the effect of creating or increasing an aggregate loss recorded for a group of companies—
(a)the potential lost revenue shall be calculated in accordance with this paragraph, and
(b)in applying paragraph 5 in accordance with sub-paragraphs (1) and (2) above, group relief may be taken into account (despite paragraph 5(4)(a)).
(5)The potential lost revenue in respect of a loss is nil where, because of the nature of the loss or P's circumstances, there is no reasonable prospect of the loss being used to support a claim to reduce a tax liability (of any person).
Commencement Information
I3Sch. 24 para. 7 in force at 1.4.2008 for certain purposes, 1.7.2008 for certain purposes, 1.1.2009 for certain purposes, and 1.4.2009 in so far as not already in force by S.I. 2008/568, art. 2 (with art. 3)
8(1)Where an inaccuracy resulted in an amount of tax being declared later than it should have been (“the delayed tax”), the potential lost revenue is—U.K.
(a)5% of the delayed tax for each year of the delay, or
(b)a percentage of the delayed tax, for each separate period of delay of less than a year, equating to 5% per year.
(2)This paragraph does not apply to a case to which paragraph 7 applies.
Commencement Information
I4Sch. 24 para. 8 in force at 1.4.2008 for certain purposes, 1.7.2008 for certain purposes, 1.1.2009 for certain purposes, and 1.4.2009 in so far as not already in force by S.I. 2008/568, art. 2 (with art. 3)
9[F9(A1)Paragraph 10 provides for reductions in penalties under paragraphs 1, 1A and 2 where a person discloses an inaccuracy, a supply of false information or withholding of information, or a failure to disclose an under-assessment.]U.K.
(1)A person discloses an inaccuracy[F10, a supply of false information or withholding of information,] or a failure to disclose an under-assessment by—
(a)telling HMRC about it,
(b)giving HMRC reasonable help in quantifying the inaccuracy[F11, the inaccuracy attributable to the [F12supply of false information] or withholding of information, or the] under-assessment, and
(c)allowing HMRC access to records for the purpose of ensuring that the inaccuracy[F13, the inaccuracy attributable to the [F14supply of false information] or withholding of information, or the] under-assessment is fully corrected.
(2)Disclosure—
(a)is “unprompted” if made at a time when the person making it has no reason to believe that HMRC have discovered or are about to discover the inaccuracy[F15, the supply of false information or withholding of information, or the under-assessment], and
(b)otherwise, is “prompted”.
(3)In relation to disclosure “quality” includes timing, nature and extent.
Textual Amendments
F9Sch. 24 para. 9(A1) inserted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 9(2); S.I. 2009/571, art. 2
F10Words in Sch. 24 para. 9(1) inserted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 9(3)(a); S.I. 2009/571, art. 2
F11Words in Sch. 24 para. 9(1)(b) substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 9(3)(b); S.I. 2009/571, art. 2
F12Words in Sch. 24 para. 9(1)(b) substituted (21.7.2009) by Finance Act 2009 (c. 10), Sch. 57 para. 4
F13Words in Sch. 24 para. 9(1)(c) substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 9(3)(b); S.I. 2009/571, art. 2
F14Words in Sch. 24 para. 9(1)(c) substituted (21.7.2009) by Finance Act 2009 (c. 10), Sch. 57 para. 4
F15Words in Sch. 24 para. 9(2)(a) substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 9(4); S.I. 2009/571, art. 2
Modifications etc. (not altering text)
C2Sch. 24 para. 9 modified by 1994 c. 23, Sch. 3BA para. 34 (as inserted (with effect in accordance with Sch. 22 paras. 23, 24 of the amending Act) by Finance Act 2014 (c. 26), Sch. 22 para. 1)
Commencement Information
I5Sch. 24 para. 9 in force at 1.4.2008 for certain purposes, 1.7.2008 for certain purposes, 1.1.2009 for certain purposes, and 1.4.2009 in so far as not already in force by S.I. 2008/568, art. 2 (with art. 3)
[F1610(1)If a person who would otherwise be liable to a penalty of a percentage shown in column 1 of the Table (a “standard percentage”) has made a disclosure, HMRC must reduce the standard percentage to one that reflects the quality of the disclosure.U.K.
(2)But the standard percentage may not be reduced to a percentage that is below the minimum shown for it—
(a)in the case of a prompted disclosure, in column 2 of the Table, and
(b)in the case of an unprompted disclosure, in column 3 of the Table.
Standard % | Minimum % for prompted disclosure | Minimum % for unprompted disclosure |
---|---|---|
30% | 15% | 0% |
45% | 22.5% | 0% |
60% | 30% | 0% |
70% | 35% | 20% |
105% | 52.5% | 30% |
140% | 70% | 40% |
100% | 50% | 30% |
150% | 75% | 45% |
200% | 100% | 60%] |
Textual Amendments
F16Sch. 24 para. 10 substituted (6.4.2011) by Finance Act 2010 (c. 13), s. 35(2), Sch. 10 para. 3; S.I. 2011/975, art. 2(1) (with art. 3)
11(1)If they think it right because of special circumstances, HMRC may reduce a penalty under paragraph 1[F17, 1A] or 2.U.K.
(2)In sub-paragraph (1) “special circumstances” does not include—
(a)ability to pay, or
(b)the fact that a potential loss of revenue from one taxpayer is balanced by a potential over-payment by another.
(3)In sub-paragraph (1) the reference to reducing a penalty includes a reference to—
(a)staying a penalty, and
(b)agreeing a compromise in relation to proceedings for a penalty.
Textual Amendments
F17Word in Sch. 24 para. 11(1) inserted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 10; S.I. 2009/571, art. 2
Commencement Information
I6Sch. 24 para. 11 in force at 1.4.2009 in so far as not already in force by S.I. 2008/568, art. 2 (with art. 3)
Textual Amendments
F18Words in Sch. 24 para. 12 cross-heading inserted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 11(4); S.I. 2009/571, art. 2
12(1)The final entry in the Table in paragraph 1 excludes a document in respect of which a penalty is payable under section 98 of TMA 1970 (special returns).U.K.
(2)The amount of a penalty for which P is liable under paragraph 1 or 2 in respect of a document relating to a tax period shall be reduced by the amount of any other penalty [F19incurred by P, or any surcharge for late payment of tax imposed on P, if the amount of the penalty or surcharge is determined by reference to the same tax liability.]
[F20(2A)In sub-paragraph (2) “any other penalty” does not include a penalty under Part 4 of FA 2014 (penalty where corrective action not taken after follower notice etc).]
(3)In the application of section 97A of TMA 1970 (multiple penalties) no account shall be taken of a penalty under paragraph 1 or 2.
[F21(4)Where penalties are imposed under paragraphs 1 and 1A in respect of the same inaccuracy, the aggregate of the amounts of the penalties must not exceed the relevant percentage of the potential lost revenue.
(5)The relevant percentage is—
(a)if the penalty imposed under paragraph 1 is for an inaccuracy in category 1, 100%,
(b)if the penalty imposed under paragraph 1 is for an inaccuracy in category 2, 150%, and
(c)if the penalty imposed under paragraph 1 is for an inaccuracy in category 3, 200%.]
Textual Amendments
F19Words in Sch. 24 para. 12(2) substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 11(2); S.I. 2009/571, art. 2
F20Sch. 24 para. 12(2A) inserted (17.7.2014) by Finance Act 2014 (c. 26), Sch. 33 para. 3
F21Sch. 24 para. 12(4)(5) substituted for Sch. 24 para. 12(4) (6.4.2011) by Finance Act 2010 (c. 13), s. 35(2), Sch. 10 para. 4; S.I. 2011/975, art. 2(1) (with art. 3)
Commencement Information
I7Sch. 24 para. 12 in force at 1.4.2008 for certain purposes, 1.7.2008 for certain purposes, 1.1.2009 for certain purposes, and 1.4.2009 in so far as not already in force by S.I. 2008/568, art. 2 (with art. 3)
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