Finance Act 2021

13(1)Schedule 43C (penalty under section 212A: supplementary provision) is amended as follows.U.K.

(2)In the heading after “212A” insert “ or 212B ”.

(3)In paragraph 1, for “section 212A” substitute “ sections 212A and 212B ”

(4)In paragraph 2—

(a)for sub-paragraph (1), substitute—

(1)The “value of the counteracted tax advantage” is—

(a)for a penalty under section 212A, the additional amount due or payable in respect of tax as a result of the counteraction mentioned in subsection (1)(d) of that section, and

(b)for a penalty under section 212B, the additional amount due or payable in respect of tax (by the partner in question) as a result of the counteraction mentioned in subsection (1)(b) of that section.,

(b)for “section 212A(1)(c)” substitute “ section 212A(1)(d) or as result of the counteraction mentioned in 212B(1)(b) (as the case may be) ”, and

(c)in sub-paragraph (5), for “the”, in the second place it occurs, substitute “ a ”.

(5)In paragraph 3(1) omit “mentioned in section 212A(1)(b) (“the tax advantage”)”.

(6)In paragraph 4(1), after “212A” insert “ or 212B (as the case may be) ”.

(7)In paragraph 5—

(a)in sub-paragraph (1), after “212A” insert “ or 212B (as the case may be) ”, and

(b)in sub-paragraph (2), for paragraph (a) substitute—

(a)notify—

(i)where the penalty is under section 212A, the person who is liable for it;

(ii)where the penalty is under section 212B, the person who is liable for it and the responsible partner., and

(c)in sub-paragraph (5), after “section 212A(1)(d)” insert “ or section 212B(1)(b) (as the case may be) ”.

(8)In paragraph 8—

(a)in sub-paragraph (1)(b), after “212A” insert “ or 212B (as the case may be) ”, and

(b)in sub-paragraph (4), after “212A” insert “ or 212B ”.

(9)In paragraph 9—

(a)in sub-paragraph (1)(a), after “212A” insert “ or 212B ”, and

(b)after sub-paragraph (1) insert—

(1A)Where the penalty is under section 212B, an appeal against it must be brought by the responsible partner.

(10)In paragraph 10(1), after section 212A insert “ or 212B ”.