PART X PENALTIES, ETC.
F193 Failure to make return for income tax and capital gains tax.
(1)
This section applies where—
(a)
any person (the taxpayer) has been required by a notice served under or for the purposes of section 8 or 8A of this Act (or either of those sections as extended by section 12 of this Act) to deliver any return, and
(b)
he fails to comply with the notice.
(2)
The taxpayer shall be liable to a penalty which shall be £100.
(3)
If, on an application made to them by an officer of the Board, the General or Special Commissioners so direct, the taxpayer shall be liable to a further penalty or penalties not exceeding £60 for each day on which the failure continues after the day on which he is notified of the direction (but excluding any day for which a penalty under this subsection has already been imposed).
(4)
If—
(a)
the failure by the taxpayer to comply with the notice continues after the end of the period of six months beginning with the filing date, and
(b)
no application is made under subsection (3) above before the end of that period,
the taxpayer shall be liable to a further penalty which shall be £100.
(5)
Without prejudice to any penalties under subsections (2) to (4) above, if—
(a)
the failure by the taxpayer to comply with the notice continues after the anniversary of the filing date, and
(b)
there would have been a liability to tax shown in the return,
the taxpayer shall be liable to a penalty of an amount not exceeding the liability to tax which would have been so shown.
(6)
No penalty shall be imposed under subsection (3) above in respect of a failure at any time after the failure has been remedied.
(7)
If the taxpayer proves that the liability to tax shown in the return would not have exceeded a particular amount, the penalty under subsection (2) above, together with any penalty under subsection (4) above, shall not exceed that amount.
(8)
On an appeal against the determination under section 100 of this Act of a penalty under subsection (2) or (4) above, neither section 50(6) to (8) nor section 100B(2) of this Act shall apply but the Commissioners may—
(a)
if it appears to them that, throughout the period of default, the taxpayer had a reasonable excuse for not delivering the return, set the determination aside; or
(b)
if it does not so appear to them, confirm the determination.
(9)
References in this section to a liability to tax which would have been shown in the return are references to an amount which, if a proper return had been delivered on the filing date, would have been payable by the taxpayer under section 59B of this Act for the year of assessment.
(10)
In this section—
“the filing date” means the day mentioned in section 8(1A) or, as the case may be, section 8A(1A) of this Act;
“the period of default”, in relation to any failure to deliver a return, means the period beginning with the filing date and ending with the day before that on which the return was delivered.
F293AFailure to make partnership return.
(1)
This section applies where, in the case of a trade, profession or business carried on by two or more persons in partnership—
(a)
a partner (the representative partner) has been required by a notice served under or for the purposes of section 12AA(2) or (3) of this Act to deliver any return, and
(b)
he F3or a successor of his fails to comply with the notice.
(2)
Each relevant partner shall be liable to a penalty which shall be £100.
(3)
If, on an application made to them by an officer of the Board, the General or Special Commissioners so direct, each relevant partner shall be liable, for each day on which the failure continues after the day on which the representative partner F4or a successor of his is notified of the direction (but excluding any day for which a penalty under this subsection has already been imposed), to a further penalty or penalties not exceeding £60.
(4)
If—
(a)
the failure by the representative partner F4or a successor of his to comply with the notice continues after the end of the period of six months beginning with the filing date, and
(b)
no application is made under subsection (3) above before the end of that period,
each relevant partner shall be liable to a further penalty which shall be £100.
(5)
No penalty shall be imposed under subsection (3) above in respect of a failure at any time after the failure has been remedied.
(6)
Where, in respect of the same failure to comply, penalties under subsection (2), (3) or (4) above are determined under section 100 of this Act as regards two or more relevant partners—
(a)
no appeal against the determination of any of those penalties shall be brought otherwise than by the representative partner F5or a successor of his;
(b)
any appeal by that partner F6or successor shall be a composite appeal against the determination of each of those penalties; and
(c)
section 100B(3) of this Act shall apply as if that partner F6or successor were the person liable to each of those penalties.
(7)
On an appeal against a determination under section 100 of this Act of a penalty under subsection (2) or (4) above, neither section 50(6) to (8) nor section 100B(2) of this Act shall apply but the Commissioners may—
(a)
if it appears to them that, throughout the period of default, F7the person for the time being required to deliver the return (whether the representative partner or a successor of his) had a reasonable excuse for not delivering it, set the determination aside; or
(b)
if it does not so appear to them, confirm the determination.
(8)
In this section—
“the filing date” means the day specified in the notice under section 12AA(2) or (3) of this Act;
“the period of default”, in relation to any failure to deliver a return, means the period beginning with the filing date and ending with the day before that on which the return was delivered;
“relevant partner” means a person who was a partner at any time during the period in respect of which the return was required.
F894 Failure to make return for corporation tax.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
95 Incorrect return or accounts for income tax or capital gains tax.
(1)
Where a person fraudulently or negligently—
(a)
(b)
makes any incorrect return, statement, or declaration in connection with any claim for any allowance, deduction or relief in respect of income tax or capital gains tax, or
(c)
submits to an inspector or the Board or any Commissioners any incorrect accounts in connection with the ascertainment of his liability to income tax or capital gains tax,
he shall be liable to a penalty not exceeding [F11the amount of the difference specified in subsection (2) below.]
(2)
The difference is that between—
(a)
the amount of income tax and capital gains tax payable for the relevant years of assessment by the said person (including any amount of income tax deducted at source and not repayable), and
(b)
the amount which would have been the amount so payable if the return, statement, declaration or accounts as made or submitted by him had been correct.
(3)
The relevant years of assessment for the purposes of this section are, in relation to anything delivered, made or submitted in any year of assessment, that, the next following, and any preceding year of assessment; F12...
F1395AIncorrect partnership return or accounts.
(1)
This section applies where, in the case of a trade, profession or business carried on by two or more persons in partnership—
(a)
a partner (the representative partner)—
(i)
delivers an incorrect return of a kind mentioned in section 12AA of this Act, or
(ii)
makes any incorrect statement or declaration in connection with F14a return of such a kind, or
(iii)
submits to an officer of the Board any incorrect accounts in connection with such a return, and
(b)
either he does so fraudulently or negligently, or his doing so is attributable to fraudulent or negligent conduct on the part of a relevant partner.
(2)
Each relevant partner shall be liable to a penalty not exceeding the difference between—
(a)
the amount of income tax or corporation tax payable by him for the relevant period (including any amount of income tax deducted at source and not repayable), and
(b)
the amount which would have been the amount so payable if the return, statement, declaration or accounts made or submitted by the representative partner had been correct;
and in determining each such penalty, regard shall be had only to the fraud or negligence, or the fraudulent or negligent conduct, mentioned in subsection (1(b) above.
(3)
Where, in respect of the same return, statement, declaration or accounts, penalties under subsection (2) above are determined under section 100 of this Act as regards two or more relevant partners—
(a)
no appeal against the determination of any of those penalties shall be brought otherwise than by the representative partner F15or a successor of his;
(b)
any appeal by that partner F16or successor shall be a composite appeal against the determination of each of those penalties; and
(c)
section 100B(3) of this Act shall apply as if that partner F16or successor were the person liable to each of those penalties.
(4)
In this section—
“relevant partner” means a person who was a partner at any time during the relevant period;
“relevant period” means the period in respect of which the return was made.
F1796Incorrect return or accounts for corporation tax.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
97 Incorrect return or accounts: supplemental.
(1)
Where any such return, statement, declaration or accounts as are mentioned in F18section 95 above were made or submitted by any person neither fraudulently nor negligently and it comes to his notice (or, if he has died, to the notice of his personal representatives) that they were incorrect, then, unless the error is remedied without unreasonable delay, the return, statement, declaration or accounts shall be treated for the purposes of those sections as having been negligently made or submitted by him.
(2)
For the purposes of F18section 95 above, any accounts submitted on behalf of any person shall be deemed to have been submitted by him unless he proves that they were submitted without his consent or connivance.
F1997AAFailure to produce documents under section 19A.
(1)
Where a person fails to comply with a notice or requirement under F20section 19A(2), (2A) or (3) of this Act F21or paragraph 6(2) or (3A)(b) of Schedule 1A to this Act, he shall be liable, subject to subsection (4) below—
(a)
to a penalty which shall be £50, and
(b)
if the failure continues after a penalty is imposed under paragraph (a) above, to a further penalty or penalties not exceeding the relevant amount for each day on which the failure continues after the day on which the penalty under that paragraph was imposed (but excluding any day for which a penalty under this paragraph has already been imposed).
(2)
In subsection (1)(b) above “the relevant amount” means—
(a)
in the case of a determination of a penalty by an officer of the Board under section 100 of this Act, £30;
(b)
in the case of a determination of a penalty by the Commissioners under section 100C of this Act, £150.
(3)
An officer of the Board authorised by the Board for the purposes of section 100C of this Act may commence proceedings under that section for any penalty under subsection (1)(b) above, notwithstanding that it is not a penalty to which subsection (1) of section 100 of this Act does not apply by virtue of subsection (2) of that section.
(4)
No penalty shall be imposed under subsection (1) above in respect of a failure within that subsection at any time after the failure has been remedied.
F2297ATwo or more tax-geared penalties in respect of the same tax.
Where two or more penalties—
(a)
are incurred by any person and fall to be determined by reference to any income tax or capital gains tax with which he is chargeable for a year of assessment; F23...
F23(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
each penalty after the first shall be so reduced that the aggregate amount of the penalties, so far as determined by reference to any particular part of the tax, does not exceed whichever is or, but for this section, would be the greater or greatest of them, so far as so determined.
98 Special returns, etc.
(1)
(a)
has been required, by a notice served under or for the purposes of any of the provisions specified in the first column of the Table below, to deliver any return or other document, to furnish any particulars, to produce any document, or to make anything available for inspection, and he fails to comply with the notice, or
(b)
fails to furnish any information, give any certificate or produce any document or record in accordance with any of the provisions specified in the second column of the Table below,
he shall be liable, subject to F24subsections (3) and (4) below—
(i)
to a penalty not exceeding £300, and
(ii)
if the failure continues after a penalty is imposed under paragraph (i) above, to a further penalty or penalties not exceeding £60 for each day on which the failure continues after the day on which the penalty under paragraph (i) above was imposed (but excluding any day for which a penalty under this paragraph has already been imposed).
(2)
F26Subject to section 98A below, where a person fraudulently or negligently furnishes, gives, produces or makes any incorrect information, certificate, document, record or declaration of a kind mentioned in any of the provisions specified in either column of the Table below, he shall be liable to a penalty not exceeding F26£3000.
F27(3)
No penalty shall be imposed under subsection (1) above in respect of a failure within paragraph (a) of that subsection at any time after the failure has been remedied.
(4)
No penalty shall be imposed under paragraph (ii) of subsection (1) above in respect of a failure within paragraph (b) of that subsection at any time after the failure has been remedied.
F28(5)
In the case of a failure to comply with section 765A(2)(a) or (b) of the principal Act, subsection (1) above shall have effect as if for “£300” there were substituted “£3000” and as if for “£60” there were substituted “£600”.
1. | 2. |
|---|---|
Part III of this Act, F30. . . | In the principal Act— |
F31regulations under section 59E of this Act; | F32. . . |
F33. . . | F34regulations under section 42A; |
In the principal Act— | F35. . . |
F36section 38(5); | F37regulations under section 118D, 118F, 118G, 118H or 118I; |
F36section 42; | F38regulations under section 124(3) |
F34regulations under section 42A; | section 136(6); |
F39regulations under section 118D, 118F, 118G, 118H or 118I; | F40section 140G; |
F41... | |
F42regulations under section 124(3); | F43. . . |
F44. . . | F44. . . |
regulations under section 202; | regulations under section 202; |
section 217; | regulations under section 203; |
section 226(3) and (4); | section 216; |
section 234(7)(b), (8) and (9); | section 226(1) and (2); |
F45section 246H; | section 234(5), (6) and (7)(a); |
section 250(6) and (7); | section 250(1) to (5); |
section 272(7); | section 310(1), (2) and (3); |
section 310(4) and (5); | section 313(5); |
F46[regulations under section 326C ] | F46[Regulations under section 326C ] |
regulations under section 333; | Regulations under section 333; |
F47regulations under section 333B; | F47regulations under section 333B; |
F48regulations under section 431E(1) or 441A(3); | section 350(1); |
regulations under section 476(1); | section 375(5); |
F49[regulations under section 477A ] | F50regulations under section 431E(1) or 441A(3); |
F51. . . | F52regulations under section 444BB; |
section 482(3); | F52regulations under section 444BD; |
regulations under section 482(11); | regulations under section 476(1); |
section 483; | F49[regulations under section 477A ;] |
Regulations under section 555(7); | F53[section 482(2) ] |
section 561(8); | regulations under section 482(11); |
section 588(7); | F54section 552(1) to (4); |
regulations under section 602; | F54regulations under section 552(4A); |
F55regulations under section 605(1A)(b) to (d); | regulations under section 555(7); |
F56section 605(3)(b) and (4); | F57regulations under section 566(1), (2) or (2A); |
regulations under section 612(3); | section 577(4); |
regulations under section 639; | section 588(6); |
F58regulations under section 651A(1)(b) to (d); | regulations under section 602; |
section 652; | F59regulations under section 605(1A)(a); |
F60section 660F | section 605(3)(a); |
section 700(4); | regulations under section 612(3); |
section 708; | regulations under section 639; |
section 728; | F61regulations under section 651A(1)(a); |
F62. . . | F63[section 765A(2)(a);] |
section 730(8); | F64. . . |
F65. . . | F66. . . |
section 745(1); | F67. . . |
section 755; | F67. . . |
F63[section 765A(2)(b) ;] | regulations under paragraph 7 of Schedule 14; |
F68section 767C; | Schedule 15, paragraph 14(4); |
section 768(9); | F69Schedule 15B, paragraph 5(1); |
F64. . . | Schedule 16; |
section 774(5); | Schedule 22, paragraph 2. |
section 778; | Regulations under section F70151 of the 1992 Act. |
section 815; | F71[Sections F7222B(4), 23(2), F7333F(5), 48F74, 49(2) and 51(6A) of the Capital Allowances Act 1990 .] |
F75. . . | Regulations 16 and 17 of the Income Tax (Interest Relief) Regulations 1982. |
Schedule 5, paragraph 10; | Paragraph 15(3) of Schedule 14 to the Finance Act 1984. |
F76Schedule 9, [paragraph 6]; | F77. . . |
Schedule 15 paragraph 14(5); | F78[Section 85(1) and (2) of the Finance Act 1988 ] |
F79Schedule 15B, paragraph 5(2); | F80[Regulations under section 57 of the Finance Act 1989.] |
F81. . . | F82. . . |
Schedule 22, paragraph 4. | F83Regulations under section 33 of the Finance Act 1991. |
Section 32 of the Finance Act 1973. | F84. . . |
Paragraph 2 of Schedule 15 to the Finance Act 1973. | F85Section 28(2) of the Finance (No.2) Act 1992. |
Regulations under section F86151 of the 1992 Act. | F87Paragraphs 2 to 6 of Schedule 5A to the 1992 Act. |
Paragraph F882(9) of Schedule 1 to the 1992 Act. | F89regulations under section 73 of the Finance Act 1995; |
F90[Sections 23(4) and 49(4) of the Capital Allowances Act 1990 ] | F91Section 110ZA of the Social Security Administration Act 1992. |
Section F9298 of the 1992 Act. | F93Section 104ZA of the Social Security Administration (Northern Ireland) Act 1992. |
Paragraph 15(1) of Schedule 14 to the Finance Act 1984. | F94Section 86(4) of the Finance Act 1999. |
Paragraph 6(1) of Schedule 22 to the Finance Act 1985. | |
F95Section 79(6) of the 1992 Act. | |
F96[Regulations under section 57 of the Finance Act 1989 ] | |
F97[Section 73 of the Finance Act 1989 ] | |
F80[Paragraphs 2 to 4 of Schedule 12 to the Finance Act 1989 ] | |
F98235 of the 1992 Act. | |
F83Regulations under section 33 of the Finance Act 1991 | |
F101section 86(12) of the Finance Act 1995; |
The references in this Table to regulations under section 602 have effect only for the purpose of giving effect to any provision mentioned in paragraphs (a) and (b) of subsection (2) of that section
F10298ASpecial penalties in the case of certain returns.
(1)
Regulations under section 203(2) (PAYE) or 566(1) (sub-contractors) of the principal Act may provide that this section shall apply in relation to any specified provision of the regulations.
(2)
Where this section applies in relation to a provision of regulations, any person who fails to make a return in accordance with the provision shall be liable—
(a)
to a penalty or penalties of the relevant monthly amount for each month (or part of a month) during which the failure continues, but excluding any month after the twelfth or for which a penalty under this paragraph has already been imposed, and
(b)
if the failure continues beyond twelve months, without prejudice to any penalty under paragraph (a) above, to a penalty not exceeding so much of the amount payable by him in accordance with the regulations for the year of assessment to which the return relates as remained unpaid at the end of 19th April after the end of that year.
(3)
For the purposes of subsection (2)(a) above, the relevant monthly amount in the case of a failure to make a return—
(a)
where the number of persons in respect of whom particulars should be included in the return is fifty or less, is £100, and
(b)
where the number is greater than fifty, is £100 for each fifty such persons and an additional £100 where that number is not a multiple of fifty.
(4)
Where this section applies in relation to a provision of regulations, any person who fraudulently or negligently makes an incorrect return of a kind mentioned in the provision shall be liable to a penalty not exceeding the difference between—
(a)
the amount payable by him in accordance with the regulations for the year of assessment to which the return relates, and
(b)
the amount which would have been so payable if the return had been correct.
F10398B European Economic Interest Groupings.
(1)
In this section “grouping” means a European Economic Interest Grouping formed in pursuance of Council Regulation (EEC) No. 2137/85 of 25th July 1985, whether registered in Great Britain, in Northern Ireland or elsewhere.
F104(2)
Subsections (2A) to (4) below apply where a grouping or member of a grouping required by a notice given under section 12A of this Act to deliver a return or other document fails to comply with the notice.
(2A)
The grouping or member shall be liable to a penalty not exceeding £300 multiplied by the number of members of the grouping at the time of the failure to comply.
(2B)
If, on an application made to them by an officer of the Board, the General or Special Commissioners so direct, the grouping or member shall be liable, for each day on which the failure continues after the day on which the grouping or member is notified of the direction (but excluding any day for which a penalty under this subsection has already been imposed), to a further penalty or penalties not exceeding £60 multiplied by the number of members of the grouping at the end of that day.
(3)
No penalty shall be imposed under F105subsection (2A) or (2B) above in respect of a failure at any time after the failure has been remedied.
(4)
If a grouping to which, or member to whom, a notice is given proves that there was no income or chargeable gain to be included in the return, the penalty under F106subsections (2A) and (2B) above shall not exceed £100.
(5)
Where a grouping or member fraudulently or negligently delivers an incorrect return, accounts or statement, or makes an incorrect declaration in a return delivered, under section 12A above, the grouping or member shall be liable to a penalty not exceeding £3000 multiplied by the number of members of the grouping at the time of delivery.
F10799Assisting in preparation of incorrect return, etc.
Any person who assists in or induces the preparation or delivery of any information, return, accounts or other document which—
(a)
he knows will be, or is or are likely to be, used for any purpose of tax, and
(b)
he knows to be incorrect,
shall be liable to a penalty not exceeding £3,000.
F10899ACertificates of non-liability to income tax.
If a person who gives a certificate of non-liability to income tax in pursuance of regulations under section 477A of the principal Act (building societies) or section 480B of that Act (deposit-takers)—
(a)
gives the certificate fraudulently or negligently, or
(b)
fails to comply with any undertaking contained in the certificate in pursuance of the regulations,
he shall be liable to a penalty not exceeding £3,000.
F109100Determination of penalties by officer of the Board.
(1)
Subject to subsection (2) below and except where proceedings for a penalty have been instituted under section 100D below F110... , an officer of the Board authorised by the Board for the purposes of this section may make a determination imposing a penalty under any provision of the Taxes Acts and setting it at such amount as, in his opinion, is correct or appropriate.
(2)
Subsection (1) above does not apply where the penalty is a penalty under—
(a)
section 93(1) above as it has effect before the amendments made by section 162 of the Finance Act 1989 or section 93(1)(a) above as it has effect after those amendments,
(b)
section 94(1) above as it has effect before the substitution made by section 83 of the Finance (No. 2) Act 1987,
(c)
section 98(1) above as it has effect before the amendments made by section 164 of the Finance Act 1989 or section 98(1)(i) above as it has effect after those amendments, or
(d)
paragraph (a)(i) of section 98A(2) above as it has effect by virtue of section 165(2) of the Finance Act 1989, F111or
(e)
section 98B(2)(a) above.
(3)
Notice of a determination of a penalty under this section shall be served on the person liable to the penalty and shall state the date on which it is issued and the time within such an appeal against the determination may be made.
(4)
After the notice of a determination under this section has been served the determination shall not be altered except in accordance with this section or on appeal.
(5)
If it is discovered by an officer of the Board authorised by the Board for the purposes of this section that the amount of a penalty determined under this section is or has become insufficient the officer may make a determination in a further amount so that the penalty is set at the amount which, in his opinion, is correct or appropriate.
(6)
In any case where—
(a)
a determination under this section is of a penalty under F112paragraph 18(2) of Schedule 18 to the Finance Act 1998, and
(b)
after the determination has been made it is discovered by an officer of the Board authorised by the Board for the purposes of this section that the amount which was taken into account as the relevant amount of tax is or has become excessive,
the determination shall be revised so that the penalty is set at the amount which is correct; and, where more than the correct amount has already been paid, the appropriate amount shall be repaid.
F109100A Provisions supplementary to section 100.
(1)
Where a person who has incurred a penalty has died, a determination under section 100 above which could have been made in relation to him may be made in relation to his personal representatives, and any penalty imposed on personal representatives by virtue of this subsection shall be a debt due from and payable out of his estate.
(2)
A penalty determined under section 100 above shall be due and payble at the end of the period of thirty days beginning with the date of the issue of the notice of the determination.
(3)
A penalty determined under section 100 above shall for all purposes be treated as if it were charged in an assessment and due and payable.
F109100B Appeals against penalty determinations.
(1)
An appeal may be brought against the determination of a penalty under section 100 above and, subject to F113sections 93, 93A and 95A of this Act F114and the following provisions of this section, the provisions of this Act relating to appeals shall have effect in relation to an appeal against such a determination as they have effect in relation to an appeal against an assessment to tax.
(2)
F115Subject to sections 93(8) and 93A(7) of this Act on an appeal against the determination of a penalty under section 100 above section 50(6) to (8) of this Act shall not apply but—
(a)
in the case of a penalty which is required to be of a particular amount, the Commissioners may—
(i)
if it appears to them that no penalty has been incurred, set the determination aside,
(ii)
if the amount determined appears to them to be correct, confirm the determination, or
(iii)
if the amount determined appears to them to be incorrect, increase or reduce it to the correct amount.
(b)
in the case of any other penalty, the Commissioners may—
(i)
if it appears to them that no penalty has been incurred, set the determination aside,
(ii)
if the amount determined appears to them to be appropriate, confirm the determination,
(iii)
if the amount determined appears to them to be excessive, reduce it to such other amount (including nil) as they consider appropriate, or
(iv)
if the amount determined appears to them to be insufficient, increase it to such amount not exceeding the permitted maximum as they consider appropriate.
(3)
Without prejudice to F116any right to have a case stated under regulation 22 of the General Commissioners Regulations or any right of appeal under section 56A of this Act, an appeal from a decision of the Commissioners against the amount of a penalty which has been determined under section 100 above or this section shall lie, at the instance of the person liable to the penalty, to the High Court or, in Scotland to the Court of Session as the Court of Exchequer in Scotland; and on that appeal the court shall have the like jurisdiction as is conferred on the Commissioners by virtue of this section.
F109100C Penalty proceedings before Commissioners.
(1)
An officer of the Board authorised by the Board for the purposes of this section may commence proceedings before the General or Special Commissioners for any penalty to which subsection (1) of section 100 above does not apply by virtue of subsection (2) of that section.
(2)
Proceedings under this section shall be by way of information in writing, made to the Commissioners, and upon summons issued by them to the defendant (or defender) to appear before them at a time and place stated in the summons; and they shall hear and decide each case in a summary way.
(3)
Any penalty determined by the Commissioners in proceedings under this section shall for all purposes be treated as if it were tax charged in an assessment and due and payable.
(4)
An appeal against the determination of a penalty in proceedings under this section shall lie to the High Court or, in Scotland, the Court of Session as the Court of Exchequer in Scotland—
(a)
by any party on a question of law, and
(b)
by the defendant (or, in Scotland, the defender) against the amount of the penalty.
(5)
On any such appeal the court may—
(a)
if it appears that no penalty has been incurred, set the determination aside,
(b)
if the amount determined appears to be appropriate, confirm the determination,
(c)
if the amount determined appears to be excessive, reduce it to such other amount (including nil) as the court considers appropriate, or
(d)
if the amount determined appears to be insufficient, increase it to such amount not exceeding the permitted maximum as the court considers appropriate.
F109100D Penalty proceedings before court.
(1)
Where in the opinion of the Board the liability of any person for a penalty arises by reason of the fraud of that person or any other person, proceedings for the penalty may be instituted before the High Court or, in Scotland, the Court of Session as the Court of Exchequer in Scotland.
(2)
Proceedings under this section which are not instituted (in England, Wales or Northern Ireland) under the Crown Proceedings Act 1947 by and in the name of the Board as an authorised department for the purposes of that Act shall be instituted—
(a)
in England and Wales, in the name of the Attorney General,
(b)
in Scotland, in the name of the Lord Advocate, and
(c)
in Northern Ireland, in the name of the Attorney General for Northern Ireland.
(3)
Any proceedings under this section instituted in England and Wales shall be deemed to be civil proceedings by the Crown within the meaning of Part II of the Crown Proceedings Act 1947 and any such proceedings instituted in Northern Ireland shall be deemed to be civil proceedings within the meaning of that Part of that Act as for the time being in force in Northern Ireland.
(4)
If in proceedings under this section the court does not find that fraud is proved but consider that the person concerned is nevertheless liable to a penalty, the court may determine a penalty notwithstanding that, but for the opinion of the Board as to fraud, the penalty would not have been a matter for the court.
F117101 Evidence for purposes of proceedings relating to penalties.
An assessment which can no longer be varied by any Commissioners on appeal or by order of any court is sufficient evidence, for the purposes of—
(a)
the preceding provisions of this Part, and
(b)
the provisions of Schedule 18 to the Finance Act 1998 relating to penalties,
that the amounts in respect of which tax is charged in the assessment arose or were received as stated in the assessment.
102 Mitigation of penalties.
The Board may in their discretion mitigate any penalty, or stay or compound any proceedings for F118a penalty, and may also, after judgment, further mitigate or entirely remit the penalty.
F119103Time limits for penalties.
(1)
Subject to subsection (2) below, where the amount of a penalty is to be ascertained by reference to tax payable by a person for any period, the penalty may be determined by an officer of the Board, or proceedings for the penalty may be commenced before the Commissioners or a Court—
(a)
at any time within six years after the date on which the penalty was incurred, or
(b)
at any later time within three years after the final determination of the amount of tax by reference to which the amount of the penalty is to be ascertained.
(2)
Where the tax was payable by a person who has died, and the determination would be made in relation to his personal representatives, section (1)(b) above does not apply if the tax was charged in an assessment made later than six years after F120the 31st January next following the chargeable period for which it was charged.
(3)
A penalty under section 99 of this Act may be determined by an officer of the Board, or proceedings for such a penalty may be commenced before a court, at any time within twenty years after the date on which the penalty was incurred.
(4)
A penalty to which neither subsection (1) nor subsection (3) above applies may be so determined, or proceedings for such a penalty may be commenced before the Commissioners or a court, at any time within six years after the date on which the penalty was incurred or began to be incurred.
F121103AInterest on penalties.
104 Saving for criminal proceedings.
The provisions of the Taxes Acts shall not, save so far as is otherwise provided, affect any criminal proceedings for any misdemeanour .
105 Evidence in cases of fraud or wilful default.
(1)
Statements made or documents produced by or on behalf of a person shall not be inadmissable in any such proceedings as are mentioned in subsection (2) below by reason only that it has been drawn to his attention that—
F124(a)
pecuniary settlements may be accepted instead of a penalty being determined, or proceedings being instituted, in relation to any tax,
(b)
though no undertaking can be given as to whether or not the Board will accept such a settlement in the case of any particular person, it is the practice of the Board to be influenced by the fact that a person has made a full confession of any F125fraudulent conduct to which he had been a party and has given full facilities for investigation,
and that he was or may have been induced thereby to make the statements or produce the documents.
(2)
The proceedings mentioned in subsection (1) above are—
(a)
any criminal proceedings against the person in question for any form of F125fraudulent conduct in connection with or in relation to tax, and
(c)
any proceedings for a penalty or on appeal against the determination of a penalty.
106 Refusal to allow a deduction of income tax, and avoidance of agreements for payment without deduction.
(1)
A person who refuses to allow a deduction of income tax authorised by the Taxes Acts to be made out of any payment shall incur a penalty of £50.
(2)
Every agreement for payment of interest, rent or other annual payment in full without allowing any such deduction shall be void.
Scotland
107 Criminal liability for false statements made to obtain allowances.
(1)
This section applies only in Scotland.
(2)
If any person, for the purpose of obtaining any allowance, reduction, rebate or repayment in respect of tax, either for himself or for any other person, or, in any return made with reference to tax, knowingly makes any false statement or false representation, he shall be liable, on summary conviction, to imprisonment for a term not exceeding six months.
(3)
Notwithstanding anything in the Summary Jurisdiction (Scotland) Act 1954, proceedings for an offence under this section may be commenced at any time within three years from the time when the offence was committed.
(4)
The expression “return” in this section shall be construed without regard to the definition in section 118(1) of this Act .