Part 2Trading income

Chapter 4Trade profits: rules restricting deductions

Penalties, interest and VAT surcharges

54Penalties, interest and VAT surcharges

1

In calculating the profits of a trade, no deduction is allowed for any penalty or interest mentioned in the first column of the following table.

2

This is the table—

Penalty or interest

Description of tax, levy or duty

Interest under any provision of Part 9 of TMA 1970

Income tax, capital gains tax and corporation tax

F9Interest under section 101 of FA 2009 in connection with sums required to be deducted under section 61 of FA 2004 (construction industry)

 

Penalty under any of sections 60 to 70 of VATA 1994

Value added tax

Interest under section 74 F1or 85A of VATA 1994

 

Penalty under any of sections 8 to 11 of FA 1994

Excise duties

Penalty under any of paragraphs 12 to 19 of Schedule 7 to FA 1994

Insurance premium tax

F2Interest under section 60(8) of FA 1994 or paragraph 21 of Schedule 7 to FA 1994

 

Penalty under any provision of Part 5 of Schedule 5 to FA 1996

Landfill tax

F3Interest under section 56(5) of, or paragraph 26 or 27 of Schedule 5 to, FA 1996

 

Penalty under any provision of Schedule 6 to FA 2000

Climate change levy

Interest under any of paragraphs 70, 81 to 85F4, 109 and 123(6) of that Schedule

 

Penalty under any provision of Part 2 of FA 2001

Aggregates levy

Interest under F5section 42(6) of, or any of paragraphs 5 to 9 of Schedule 5 to, paragraph 6 of Schedule 8 to and paragraph 5 of Schedule 10 F6to, FA 2001

 

Penalty under section 25 or 26 of FA 2003

F11Customs duties

Penalty under any provision of Part 4 of FA 2003

Stamp duty land tax

Interest under any provision of that Part

 

F7Penalty under Schedule 24 to FA 2007

Various taxes and excise duties

F8Penalty under Schedule 41 to FA 2008

Various taxes and excise duties

F10Penalty under Schedule 16 to F(No. 2)A 2017

Various taxes

3

In calculating the profits of a trade, no deduction is allowed for any surcharge under section 59 of VATA 1994.