Part 5Other taxes

Climate change levy

128 Climate change levy: invoices incorrectly showing levy due

1

In Schedule 6 to the Finance Act 2000 (climate change levy), immediately before paragraph 142 insert—

141AInvoices incorrectly showing levy due

1

This paragraph applies where—

a

a person issues an invoice showing an amount as levy chargeable on a supply, and

b

no levy is chargeable on the supply, or the amount chargeable is less than the amount shown.

2

The person shall be liable to a penalty unless he satisfies the Commissioners or, on appeal, a tribunal that there is a reasonable excuse for the inclusion in the invoice of the false information.

3

The amount of the penalty is £50 or, if more, the following amount—

a

where no levy is chargeable, the amount shown as chargeable;

b

where an amount of levy is chargeable, the difference between that amount and the amount shown as chargeable.

4

It is irrelevant for the purposes of sub-paragraph (1) whether or not the supply shown on the invoice actually takes place or has taken place.

5

A reference in this paragraph to an invoice is a reference to any kind of invoice (and not just a climate change levy accounting document).

2

This section applies only in relation to invoices issued on or after the day on which this Act is passed.