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SCHEDULES

SCHEDULE 24U.K.Penalties for errors

Part 2U.K.Amount of penalty

Potential lost revenue: normal ruleU.K.

5(1)“The potential lost revenue” in respect of an inaccuracy in a document [F1(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

[F2(b)any relief under subsection (4) of section 419 of ICTA (relief in respect of repayment etc of loan) which is deferred under subsection (4A) of that section;]

(but this sub-paragraph does not prevent a penalty being charged in respect of an inaccurate claim for relief).

Textual Amendments

F1Words 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

F2Sch. 24 para. 5(4)(b) substituted (21.7.2009) by Finance Act 2009 (c. 10), Sch. 57 para. 3

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)