(1)A person who fails to make a return under section 218 above shall be liable—
(a)to a penalty not exceeding £300; and
(b)to a further penalty not exceeding £60 for every day after the day on which the failure has been declared by a court or the [F2tribunal] and before the day on which the return is made.
[F3(1A)A person who fails to comply with the requirements of section 218A above shall be liable—
(a)to a penalty not exceeding £100; and
(b)to a further penalty not exceeding £60 for every day after the day on which the failure has been declared by a court or the [F2tribunal] and before the day on which the requirements are complied with.]
[F4(1B)Without prejudice to any penalties under subsection (1A) above, if a person continues to fail to comply with the requirements of section 218A after the anniversary of the end of the period of six months referred to in section 218A(1), he shall be liable to a penalty of an amount not exceeding £3,000.]
(2)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)A person shall not be liable to a penalty under subsection (1)(b) [F6or (1A)(b)] above if—
(a)he makes the return required by section 218 above, [F7or]
[F8(aa)he complies with the requirements of section 218A above,]
(b)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
before proceedings in which the failure could be declared are commenced.
(5)A person who has a reasonable excuse for failing to make a return [F10or to comply with the requirements of section 218A] shall not be liable by reason of that failure to a penalty under this section, unless he fails to make the return [F11or to comply with those requirements] without unreasonable delay after the excuse has ceased.
Textual Amendments
F1Ss. 245, 245A substituted for s. 245 by (27.7.1999 with effect as mentioned in s. 108(3) of the amending Act) by 1999 c. 16, s. 108(1)(3)
F2Words in s. 245A substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 3(1), Sch. 1 para. 121
F3S. 245A(1A) inserted (24.7.2002 with application as mentioned in s. 120(4) of the amending Act) by 2002 c. 23, s. 120(3)(a),(4)
F4S. 245A(1B) inserted (with effect as mentioned in s. 295(7) of the amending Act) by Finance Act 2004 (c. 12), s. 295(3)(a)
F5S. 245A(2)(3) omitted (1.4.2010) by virtue of The Finance Act 2009, Section 96 and Schedule 48 (Appointed Day, Savings and Consequential Amendments) Order 2009 (S.I. 2009/3054), art. 3, {Sch. para. 2(4)(a)} (with art. 4)
F6Words in s. 245A(4) substituted (1.4.2010) by The Finance Act 2009, Section 96 and Schedule 48 (Appointed Day, Savings and Consequential Amendments) Order 2009 (S.I. 2009/3054), art. 3, {Sch. para. 2(4)(b)(i)} (with art. 4)
F7Word in s. 245A(a) inserted (1.4.2010) by The Finance Act 2009, Section 96 and Schedule 48 (Appointed Day, Savings and Consequential Amendments) Order 2009 (S.I. 2009/3054), art. 3, {Sch. para. 2(4)(b)(ii)} (with art. 4)
F8S. 245A(4)(aa) inserted (24.7.2002 with application as mentioned in s. 120(4) of the amending Act) by 2002 c. 23, s. 120(3)(b),(4)
F9S. 245A(4)(b)(c) omitted (1.4.2010) by virtue of The Finance Act 2009, Section 96 and Schedule 48 (Appointed Day, Savings and Consequential Amendments) Order 2009 (S.I. 2009/3054), art. 3, {Sch. para. 2(4)(b)(iii)} (with art. 4)
F10Words in s. 245A(5) substituted (1.4.2010) by The Finance Act 2009, Section 96 and Schedule 48 (Appointed Day, Savings and Consequential Amendments) Order 2009 (S.I. 2009/3054), art. 3, {Sch. para. 2(4)(c)(i)} (with art. 4)
F11Words in s. 245A(5) substituted (1.4.2010) by The Finance Act 2009, Section 96 and Schedule 48 (Appointed Day, Savings and Consequential Amendments) Order 2009 (S.I. 2009/3054), art. 3, {Sch. para. 2(4)(c)(ii)} (with art. 4)