17(1)If a person fails to comply with—U.K.
(a)section 53(3) of this Act,
(b)F1...or
(c)a requirement imposed by any regulations made under this Part of this Act, other than a requirement falling within sub-paragraph (2) below,
he shall be liable to a penalty of £250; but this is subject to sub-paragraphs (3) and (4) below.
(2)A requirement falls within this sub-paragraph if it is—
(a)a requirement imposed by regulations made under section 54 of this Act to pay the tax due in respect of any period within the time required by the regulations,
(b)a requirement imposed by regulations made under that section to furnish a return in respect of any period within the time required by the regulations,
(c)a requirement imposed by regulations made under section 65 of this Act to pay tax within the time required by the regulations, or
(d)a requirement specified for the purposes of this sub-paragraph by regulations.
(3)A failure falling within sub-paragraph (1) above shall not give rise to liability to a penalty under this paragraph if the person concerned satisfies the Commissioners or, on appeal, an appeal tribunal that there is a reasonable excuse for the failure.
(4)Where by reason of a failure falling within sub-paragraph (1) above—
(a)a person is convicted of an offence (whether under this Part of this Act or otherwise), or
(b)a person is assessed to a penalty under paragraph 12 above [F2or to a penalty for a deliberate inaccuracy under Schedule 24 to the Finance Act 2007 (penalties for errors)] ,
that failure shall not also give rise to liability to a penalty under this paragraph.
(5)If it appears to the Treasury that there has been a change in the value of money since the passing of this Act or, as the case may be, the last occasion when the power conferred by this sub-paragraph was exercised, they may by order substitute for the sum for the time being specified in sub-paragraph (1) above such other sum as appears to them to be justified by the change.
(6)An order under sub-paragraph (5) above shall not apply in relation to a failure which began before the date on which the order comes into force.
Textual Amendments
F1Sch. 7 para. 17(1)(b) 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. 1, Sch. para. 6(b) (with art. 6)
F2Words in Sch. 7 para. 17(4)(b) inserted (1.4.2009) by The Finance Act 2008, Schedule 40 (Appointed Day, Transitional Provisions and Consequential Amendments) Order 2009 (S.I. 2009/571), art. 1(1), Sch. 1 para. 11(4)