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Finance (No. 2) Act 2017

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Changes over time for: Cross Heading: Double jeopardy

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Double jeopardyU.K.

24(1)Where by reason of any conduct a person—U.K.

(a)has been convicted of an offence, or

(b)is liable to a penalty otherwise than under paragraph 1 for which the person has been assessed (and the assessment has not been successfully appealed against or withdrawn),

that conduct does not give rise to liability to a penalty under paragraph 1.

(2)In sub-paragraph (1) the reference to a penalty otherwise than under paragraph 1—

(a)includes a penalty under paragraph 6 of Schedule 55 to FA 2009, but does not include penalties under any other provision of that Schedule, and

(b)includes a penalty under subsection (5) of section 93 of TMA 1970 but, does not include penalties under any other provision of that section.

(3)But the aggregate of—

(a)the amount of a penalty under paragraph 1, and

(b)the amount of a penalty under paragraph 5 of Schedule 55 which is determined by reference to a liability to tax,

must not exceed 200% of that liability to tax.

(4)In sub-paragraph (1) “conduct” includes a failure to act.

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