98 Special returns, etc.U.K.
(1)[Subject to [the provisions of this section and] section 98A below, where] any person—
(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 [subsections (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)[Subject 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 [£3000].
[(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.]
[(4A)If—
(a)a failure to comply with [Chapter 15 or 16 of Part 15 of ITA 2007] arises from a person’s failure to deliver an account, or show the amount, of a payment, and
(b)the payment is within subsection (4B) [, (4D) ... or (4E)] below,
subsection (1) above shall have effect as if for “£300” there were substituted “£3,000” and as if for “£60” there were substituted “£600”.
(4B)A payment is within this subsection if—
[(a)the payment is made by a company, local authority or qualifying partnership (within the meaning of section 932 of ITA 2007) without an amount representing income tax on the payment being deducted from it,
(b)at the time the payment is made, the company, authority or partnership—
(i)does not believe that the payment is an excepted payment for the purposes of Chapter 11 of Part 15 of ITA 2007 (payments between companies etc: exception from duties to deduct), or
(ii)if it does so believe, cannot reasonably do so,
(c)the payment is one from which tax is deductible under Part 15 of ITA 2007 unless the company, authority or partnership reasonably believes that it is an excepted payment for the purposes of Chapter 11 of that Part, and
(d)the payment is not an excepted payment at the time the payment is made.]
(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]
[(4D)A payment is within this subsection if—
(a)it is a payment from which a sum representing income tax must be deducted under Chapter 6 (deduction from annual payments and patent royalties) or 7 (deduction from other payments connected with intellectual property) of Part 15 of ITA 2007,
(b)a company, purporting to rely on section 911 of that Act (double taxation arrangements: deduction at treaty rate), deducts less from the payment than required by those Chapters, and
(c)at the time the payment is made the payee (as defined in section 913 of that Act) is not entitled to relief under double taxation arrangements (as defined in section 1023 of that Act) and the company—
(i)does not believe that it is entitled to such relief, or
(ii)if it does so believe, cannot reasonably do so.]
(4DA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[(4E)A payment is within this subsection if—
(a)it is an interest distribution made to a unit holder by the trustees of an authorised unit trust,
(b)the trustees, in purported reliance on the reputable intermediary condition being fulfilled with respect to the unit holder, do not comply with the obligation under [section 874 of ITA 2007] to make a deduction from the interest distribution,
(c)that obligation would apply if that condition were not so fulfilled, and
(d)the trustees did not believe that the unit holder was not ... resident in the United Kingdom or could not reasonably have so believed (so that that condition was not so fulfilled).
Expressions used in this subsection have the same meaning as in [regulations made under section 17(3) of the Finance (No. 2) Act 2005 (as at 1st April 2006, see the Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964))].]
[(4F)If a person fails to furnish any information or produce any document or record in accordance with regulations under section 716B of ITEPA 2003, subsection (1) has effect as if—
(a)for “£300” there were substituted “ £3,000 ”, and
(b)for “£60” there were substituted “ £600 ”.]
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[TABLE
1. | 2. |
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Part III of this Act, . . . | [section 12ABZA(3) of this Act] |
[regulations under section 59E of this Act;] | [section 12ADA of this Act] |
. . . | In the principal Act— |
. . . | . . . |
In the principal Act— | . . . |
. . . | . . . |
. . . | . . . |
. . . | . . . |
. . . | . . . |
. . . | . . . |
. . . | ... |
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. . . | . . . |
. . . | . . . |
. . . | . . . |
. . . | . . . |
section 310(4) and (5); | . . . |
. . . | section 310(1), (2)[, (2A)] and (3); |
regulations under section 333; | . . . |
. . . | . . . |
. . . | Regulations under section 333; |
. . . | . . . |
. . . | . . . |
. . . | section 375(5); |
. . . | . . . |
. . . | . . . |
. . . | . . . |
. . . | . . . |
. . . | . . . |
. . . | . . . |
. . . | . . . |
. . . | [section 552;] |
. . . | [regulations under section 552ZA(6);] |
. . . | [regulations under section 552ZB;] |
. . . | . . . |
. . . | . . . |
. . . | . . . |
. . . | . . . |
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. . . | . . . |
. . . | . . . |
. . . | . . . |
. . . | . . . |
. . . | . . . |
. . . | regulations under paragraph 7 of Schedule 14; |
. . . | Schedule 15, paragraph 14(4); |
. . . | . . . |
. . . | . . . |
. . . | . . . |
. . . | Regulations under section [151 of the 1992 Act]. |
. . . | [Sections ... ... [45G(4) and (5) ... ,] [45R(5) and (6),] 118 to 120, 145(2) and (3) and 203 of the Capital Allowances Act] |
. . . | Regulations 16 and 17 of the Income Tax (Interest Relief) Regulations 1982. |
. . . | . . . |
. . . | . . . |
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. . . | . . . |
. . . | . . . |
. . . | . . . |
. . . | . . . |
Regulations under section [151 of the 1992 Act]. | [paragraph 12 of Schedule 4ZA to the 1992 Act] |
Paragraph [2(9) of Schedule 1 to the 1992 Act]. | [Paragraphs 2 to 6 of Schedule 5A to the 1992 Act.] |
. . . | [regulations under section 73 of the Finance Act 1995;] |
Section [98 of the 1992 Act]. | . . . |
. . . | . . . |
. . . | . . . |
. . . | . . . |
. . . | [paragraph 64 or 65 of Schedule 15 to the Finance Act 2000] |
[Section 73 of the Finance Act 1989 ] | [Paragraph 93(2) of Schedule 22 to the Finance Act 2000] |
. . . | [Paragraph 129 of Schedule 22 to the Finance Act 2000] |
. . . | [paragraph 6 of Schedule 34 to the Finance Act 2002] |
. . . | . . . |
. . . | . . . |
[Paragraph 1(7) of Schedule 1 to the 1992 Act.] | . . . |
. . . | . . . |
. . . | [Regulations under section 589 of ITEPA 2003.] |
. . . | [Regulations under section 715 of ITEPA 2003.] |
. . . | [Regulations under section 716B of ITEPA 2003.] |
[paragraph 66 of Schedule 15 to the Finance Act 2000] | [PAYE regulations.] |
. . . | . . . |
[paragraph 10 of Schedule 34 to the Finance Act 2002] | . . . |
. . . | [Regulations under section 65(2), 69(1), 70(1)(a) or (c) or 71 of the Finance Act 2004.] |
. . . | [regulations under section 251(1)(a) or (4) of the Finance Act 2004;] |
[Section 421J(4) of ITEPA 2003.] | [Section 75(4) of ITTOIA 2005.] |
. . . | [Regulations under Chapter 3 of Part 6 of ITTOIA 2005.] |
[Regulations under section 715 of ITEPA 2003.] | [section 37(3) of the Finance Act 2005;] |
[Paragraph 93 of Schedule 2 to ITEPA 2003.] | [section 37(6) of the Finance Act 2005;] |
[Paragraph 45 of Schedule 3 to ITEPA 2003.] | [Section 106 of FA 2006 as modified by Schedule 17 to that Act.] |
[Paragraph 33 of Schedule 4 to ITEPA 2003.] | [Section 116 of FA 2006. ] |
[Paragraph 51 of Schedule 5 to ITEPA 2003.] | [Regulations under section 116 of FA 2006. ] |
. . . | . . . |
[Regulations under section 70(3) of the Finance Act 2004.] | [Section 130 of FA 2006.] |
. . . | [sections 240 and 241 of ITA 2007;] |
. . . | [sections 257GE and 257GF of ITA 2007;] |
. . . | [sections 257SE and 257SF of ITA 2007;] |
. . . | [section 271(1) of ITA 2007;] |
[section 401B of ITTOIA 2005.] | [regulations under Chapter 5 of Part 6 of ITA 2007;] |
[section 421A of ITTOIA 2005.] | [section 373 of ITA 2007;] |
. . . | [regulations under section 871(1) of ITA 2007;] |
[Regulations under Chapter 3 of Part 6 of ITTOIA 2005.] | [Chapter 15 of Part 15 of ITA 2007;] |
[section 40(1) of the Finance Act 2005] | [Chapter 16 of Part 15 of ITA 2007;] |
[regulations under section 17(3) of the Finance (No. 2) Act 2005] | [regulations under section 969(1) of ITA 2007;] |
[sections 242 and 243(1) and (2) of ITA 2007;] | [regulations under section 971(1) of ITA 2007;] |
[sections 257GG and 257GH(1) and (2) of ITA 2007;] | [regulations under section 973(1) of ITA 2007.] |
[sections 257SG and 257SH(1) and (2) of ITA 2007;] | [Section 75(4) of CTA 2009.] |
. . . | [paragraph 4 of Schedule 17 to FA 2009.] |
[section 312A of ITA 2007;] | [section 260 of CTA 2010.] |
[regulations under Chapter 5 of Part 6 of ITA 2007;] | [section 1046(1) to (4) of CTA 2010.] |
. . . | [section 1095 of CTA 2010.] |
. . . | [section 1096 of CTA 2010.] |
[section 748(1) and (2) of ITA 2007;] | [section 1052(1) to (3) of CTA 2010.] |
[section 771 of ITA 2007;] | [section 1101(1), (2) and (4) of CTA 2010.] |
. . . | [Section 228 of TIOPA 2010.] |
. . . | [Regulations under paragraph 16 of Schedule 18 to the Finance Act 2011.] |
[regulations under section 871(1) of ITA 2007;] | [regulations under section 61(5) of the Finance Act 2012] |
[regulations under section 969(1) of ITA 2007;] | [Regulations under paragraph 3 of Schedule 22 to the Finance Act 2013.] |
[regulations under section 971(1) of ITA 2007;] | [Regulations under paragraph 8 of Schedule 6 to the Finance Act 2014.] |
. . . | [paragraph 17 or 18 of Schedule 4 to FA 2016;] |
. . . | |
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. . . | |
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. . . | |
[Section 31(3) and (4) of CTA 2010.] | |
[Section 465(3) and (4) of CTA 2010.] | |
. . . | |
[section 832 of CTA 2010.] | |
. . . | |
[section 1052(4) and (5) of CTA 2010.] | |
. . . | |
[section 1101(5) and (6) of CTA 2010.] | |
[Section 1102(4) and (5) of CTA 2010.] | |
. . . | |
. . . | |
[regulations under section 61(5) of the Finance Act 2012] | |
| [Paragraph 127 of Schedule 9 to the Finance Act 2024] |
| [Paragraph 127B of Schedule 9 to the Finance Act 2024] |
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]
[References in this Table to sections 240, 241, 242 and 243(1) and (2) of ITA 2007 are to provisions that apply only in relation to shares issued after 5 April 2007.]
Textual Amendments
Modifications etc. (not altering text)