35.—[F1(1) Schedule 55 to the Finance Act 2009 (penalty for failure to make returns etc) applies—
(a)in relation to a return or other document which is required to be made or delivered to Her Majesty’s Revenue and Customs for the tax year 2010-11 or any subsequent tax year,
(b)which falls within item 1 of the Table in paragraph 1 of that Schedule, and
(c)which is required to include information under regulation 25,
as it applies to income tax on that same return.]
[F2(2) The references to liability to tax in Schedule 55 to the Finance Act 2009 are construed as references to the aggregate of the amounts which, if a proper return had been delivered on the filing date, would have been payable—
(a)by the taxpayer under section 59B of that Act (payment of income tax and capital gains tax); and
(b)where the taxpayer is a borrower, by way of repayment under regulation 24.]
(3) For tax years ending on or before 5th April 2008—
(a)section 95 of the 1970 Act (incorrect return or accounts for income tax or capital gains tax) applies in relation to anything done for the purposes of or in connection with the ascertainment of liability of a borrower to make a repayment under this Part as it applies for the purposes of or in connection with the ascertainment of liability to income tax, and for that purpose the difference referred to in section 95(2) is the difference between—
(i)the amount calculated under regulation 24(1); and
(ii)the amount which would have been the amount so calculated if the return, statement, declaration or accounts as made or submitted by the borrower had been correct;
(b)section 97 (incorrect returns or accounts; supplemental) of the 1970 Act applies in the case of returns, statements, declarations, accounts, information or documents for the purposes of repayments under this Part as it applies for the purposes of income tax.
(4) For tax years commencing on or after 6th April 2008, where the date on which the return is due to be filed is on or after 6th April 2009, Schedule 24 to the Finance Act 2007(1) (penalties for errors) applies—
(a)in relation to anything done for the purposes of or in connection with the ascertainment of liability of a borrower to make a repayment under this Part as it applies for the purposes of or in connection with the ascertainment of liability to income tax; and
(b)in the case of returns, statements, declarations, accounts, information or documents for the purposes of repayments under this Part as it applies for the purposes of income tax.
Textual Amendments
F1Reg. 35(1) substituted (6.4.2011) by The Education (Student Loans) (Repayment) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/137), regs. 1(1), 8(a) (with reg. 12)
F2Reg. 35(2) substituted (6.4.2011) by The Education (Student Loans) (Repayment) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/137), regs. 1(1), 8(b) (with reg. 12)
Commencement Information
I1Reg. 35 in operation at 6.4.2009, see reg. 1(1)
2007 c.11. Schedule 24 was amended by the Finance Act 2008 (c.9) section 122 and Schedule 40