Income and Corporation Taxes Act 1988

827 VAT penalties etc.U.K.

M1(1)Where, under [F1Part IV of the Value Added Tax Act 1994], a person is liable to make a payment by way of—

(a)penalty under any of sections [F260 to 70]; or

(b)interest under section [F374]; or

(c)surcharge under section [F359];

the payment shall not be allowed as a deduction in computing any income, profits or losses for any tax purposes.

[F4(1A)Where a person is liable to make a payment by way of a penalty under any of sections 8 to 11 of the Finance Act 1994 (penalties relating to excise), that payment shall not be allowed as a deduction in computing any income, profits or losses for any tax purposes.]

[F5(1B)Where a person is liable to make a payment by way of—

(a)penalty under any of paragraphs 12 to 19 of Schedule 7 to the Finance Act 1994 (insurance premium tax), or

(b)interest under paragraph 21 of that Schedule,

the payment shall not be allowed as a deduction in computing any income, profits or losses for any tax purposes.]

[F6(1C)Where a person is liable to make a payment by way of—

(a)penalty under Part V of Schedule 5 to the Finance Act 1996 (landfill tax), or

(b)interest under paragraph 26 or 27 of that Schedule,

the payment shall not be allowed as a deduction in computing any income, profits or losses for any tax purposes.]

[F7(1D)Where a person is liable to make a payment by way of—

(a)any penalty under any provision of Schedule 6 to the Finance Act 2000 (climate change levy),

(b)interest under paragraph 70 of that Schedule (interest on recoverable overpayments etc.),

(c)interest under any of paragraphs 81 to 85 of that Schedule (interest on climate change levy due and on interest), or

(d)interest under paragraph 109 of that Schedule (interest on penalties),

the payment shall not be allowed as a deduction in computing any income, profits or losses for any tax purposes.]

(2)A sum paid to any person by way of supplement under section [F879 of that Act] shall be disregarded for all purposes of corporation tax and income tax.

Textual Amendments

F4S. 827(1A) inserted (1.11.1994 for specified purposes and 1.1.1995 otherwise) by Finance Act 1994 (c. 9), ss. 18(7), 19(1) (with s. 19(3)); S.I. 1994/2679, arts. 2, 3 (with art. 4(3))

Marginal Citations

M1Source—1986 s.53.