SCHEDULES
C1C2C6C3C8C7C4C5SCHEDULE 24Penalties for errors
Sch. 24 applied (6.4.2008) by The Social Security (Contributions) Regulations 2001 (S.I. 2001/1004), Sch. 4 paras. 22(7), 31(8) (as amended by The Social Security (Contributions) (Amendment No. 3) Regulations 2008 (S.I. 2008/636), regs. 1(3)(b), 7)
Sch. 24 applied (E.W.) (6.4.2009) by The Education (Student Loans) (Repayment) Regulations 2009 (S.I. 2009/470), regs. 1(1), 13(3)(b) (with reg. 1(4)(6))
Sch. 24 applied (N.I.) (6.4.2009) by The Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009 (S.R. 2009/128), regs. 1(1), 9(3)(b)
Sch. 24 applied (E.W.) (6.4.2009) by The Education (Student Loans) (Repayment) Regulations 2009 (S.I. 2009/470), regs. 1(1), 59(8)(b) (with reg. 1(4)(6))
Sch. 24 applied (E.W.) (6.4.2009) by The Education (Student Loans) (Repayment) Regulations 2009 (S.I. 2009/470), regs. 1(1), 13(3)(b), 40(4), 59(8)(b) (with reg. 1(4)(6))
Sch. 24 applied (N.I.) (6.4.2009) by The Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009 (S.R. 2009/128), regs. 1(1), 35(4)
Sch. 24 applied (N.I.) (6.4.2009) by The Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009 (S.R. 2009/128), regs. 1(1), 9(3)(b), 35(4), 54(8)(b)
Part 1Liability for penalty
Error in taxpayer's document
I11
1
A penalty is payable by a person (P) where—
a
P gives HMRC a document of a kind listed in the Table below, and
b
Conditions 1 and 2 are satisfied.
2
Condition 1 is that the document contains an inaccuracy which amounts to, or leads to—
a
an understatement of F5a liability to tax,
b
a false or inflated statement of a loss F6..., or
c
a false or inflated claim to repayment of tax.
3
Condition 2 is that the inaccuracy was F7careless (within the meaning of paragraph 3) or deliberate on P’s part.
4
Where a document contains more than one inaccuracy, a penalty is payable for each inaccuracy.
F45
In relation to a return under paragraph 2 of Schedule 2 to the Oil Taxation Act 1975, references in this Schedule to P include any person who, after the giving of the return for a taxable field (within the meaning of that Act), becomes the responsible person for the field (within the meaning of that Act).
Tax | Document |
|---|---|
Income tax or capital gains tax | Return under section 8 of TMA 1970 (personal return). |
Income tax or capital gains tax | Return under section 8A of TMA 1970 (trustee's return). |
Income tax or capital gains tax | Return, statement or declaration in connection with a claim for an allowance, deduction or relief. |
Income tax or capital gains tax | Accounts in connection with ascertaining liability to tax. |
Income tax or capital gains tax | Partnership return. |
Income tax or capital gains tax | Statement or declaration in connection with a partnership return. |
Income tax or capital gains tax | Accounts in connection with a partnership return. |
F1Income tax | Return under section 254 of FA 2004. |
Income tax | Return for the purposes of PAYE regulations. |
Construction industry deductions | Return for the purposes of regulations under section 70(1)(a) of FA 2004 in connection with deductions on account of tax under the Construction Industry Scheme. |
Corporation tax | Company tax return under paragraph 3 of Schedule 18 to FA 1998. |
Corporation tax | Return, statement or declaration in connection with a claim for an allowance, deduction or relief. |
Corporation tax | Accounts in connection with ascertaining liability to tax. |
VAT | VAT return under regulations made under paragraph 2 of Schedule 11 to VATA 1994. |
VAT | Return, statement or declaration in connection with a claim. |
F2Insurance premium tax | Return under regulations under section 54 of FA 1994. |
Insurance premium tax | Return, statement or declaration in connection with a claim. |
Inheritance tax | Account under section 216 or 217 of IHTA 1984. |
Inheritance tax | Information or document under regulations under section 256 of IHTA 1984. |
Inheritance tax | Statement or declaration in connection with a deduction, exemption or relief. |
Stamp duty land tax | Return under section 76 of FA 2003. |
Stamp duty reserve tax | Return under regulations under section 98 of FA 1986. |
Petroleum revenue tax | Return under paragraph 2 of Schedule 2 to the Oil Taxation Act 1975. |
Petroleum revenue tax | Statement or declaration in connection with a claim under Schedule 5, 6, 7 or 8 to the Oil Taxation Act 1975. |
Petroleum revenue tax | Statement under section 1(1)(a) of the Petroleum Revenue Tax Act 1980. |
Aggregates levy | Return under regulations under section 25 of FA 2001. |
Climate change levy | Return under regulations under paragraph 41 of Schedule 6 to FA 2000. |
Landfill tax | Return under regulations under section 49 of FA 1996. |
Air passenger duty | Return under section 38 of FA 1994. |
Alcoholic liquor duties | Return under regulations under section 13, 49, 56 or 62 of the Alcoholic Liquor Duties Act 1979. |
Alcoholic liquor duties | Statement or declaration in connection with a claim for repayment of duty under section 4(4) of FA 1995. |
Tobacco products duty | Return under regulations under section 7 of the Tobacco Products Duties Act 1979. |
Hydrocarbon oil duties | Return under regulations under section 21 of the Hydrocarbon Oil Duties Act 1979. |
Excise duties | Return under regulations under section 93 of CEMA 1979. |
Excise duties | Return under regulations under section 100G or 100H of CEMA 1979. |
Excise duties | Statement or declaration in connection with a claim. |
General betting duty | Return under regulations under paragraph 2 of Schedule 1 to BGDA 1981. |
Pool betting duty | Return under regulations under paragraph 2A of Schedule 1 to BGDA 1981. |
Bingo duty | Return under regulations under paragraph 9 of Schedule 3 to BGDA 1981. |
Lottery duty | Return under regulations under section 28(2) of FA 1993. |
Gaming duty | Return under directions under paragraph 10 of Schedule 1 to FA 1997. |
Remote gaming duty | Return under regulations under section 26K of BGDA 1981. |
F3Any of the taxes mentioned above | Any document which is likely to be relied upon by HMRC to determine, without further inquiry, a question about—
|
F51Error in taxpayer's document attributable to another person
Sch. 24 para. 1A and cross-heading inserted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 3; S.I. 2009/571, art. 2
1A
1
A penalty is payable by a person (T) where—
a
another person (P) gives HMRC a document of a kind listed in the Table in paragraph 1,
b
the document contains a relevant inaccuracy, and
c
the inaccuracy was attributable to T deliberately supplying false information to P (whether directly or indirectly), or to T deliberately withholding information from P, with the intention of the document containing the inaccuracy.
2
A “relevant inaccuracy” is an inaccuracy which amounts to, or leads to—
a
an understatement of a liability to tax,
b
a false or inflated statement of a loss, or
c
a false or inflated claim to repayment of tax.
3
A penalty is payable under this paragraph in respect of an inaccuracy whether or not P is liable to a penalty under paragraph 1 in respect of the same inaccuracy.
Under-assessment by HMRC
I22
1
A penalty is payable by a person (P) where—
a
an assessment issued to P by HMRC understates P's liability to F8a relevant tax , and
b
P has failed to take reasonable steps to notify HMRC, within the period of 30 days beginning with the date of the assessment, that it is an under-assessment.
2
In deciding what steps (if any) were reasonable HMRC must consider—
a
whether P knew, or should have known, about the under-assessment, and
b
what steps would have been reasonable to take to notify HMRC.
F93
In sub-paragraph (1) “relevant tax” means any tax mentioned in the Table in paragraph 1.
F644
In this paragraph (and in Part 2 of this Schedule so far as relating to this paragraph)—
a
“assessment” includes determination, and
b
accordingly, references to an under-assessment include an under-determination.
Degrees of culpability
I33
1
F10For the purposes of a penalty under paragraph 1, inaccuracy in a document given by P to HMRC is—
a
“careless” if the inaccuracy is due to failure by P to take reasonable care,
b
“deliberate but not concealed” if the inaccuracy is deliberate F11on P's part but P does not make arrangements to conceal it, and
c
“deliberate and concealed” if the inaccuracy is deliberate F11on P's part and P makes arrangements to conceal it (for example, by submitting false evidence in support of an inaccurate figure).
2
An inaccuracy in a document given by P to HMRC, which was neither careless nor deliberate F12on P's part when the document was given, is to be treated as careless if P—
a
discovered the inaccuracy at some later time, and
b
did not take reasonable steps to inform HMRC.
Part 2Amount of penalty
Standard amount
I44
1
The penalty payable under paragraph 1 is—
a
for careless action, 30% of the potential lost revenue,
b
for deliberate but not concealed action, 70% of the potential lost revenue, and
c
for deliberate and concealed action, 100% of the potential lost revenue.
F131A
The penalty payable under paragraph 1A is 100% of the potential lost revenue.
2
The penalty payable under paragraph 2 is 30% of the potential lost revenue.
3
Paragraphs 5 to 8 define “potential lost revenue”.
Potential lost revenue: normal rule
I55
1
“The potential lost revenue” in respect of an inaccuracy in a document F14(including an inaccuracy attributable to a supply of false information or withholding of information) or a failure to notify an under-assessment is the additional amount due or payable in respect of tax as a result of correcting the inaccuracy or assessment.
2
The reference in sub-paragraph (1) to the additional amount due or payable includes a reference to—
a
an amount payable to HMRC having been erroneously paid by way of repayment of tax, and
b
an amount which would have been repayable by HMRC had the inaccuracy or assessment not been corrected.
3
In sub-paragraph (1) “tax” includes national insurance contributions.
4
The following shall be ignored in calculating potential lost revenue under this paragraph—
a
group relief, and
F65b
any relief under subsection (4) of section 419 of ICTA (relief in respect of repayment etc of loan) which is deferred under subsection (4A) of that section;
(but this sub-paragraph does not prevent a penalty being charged in respect of an inaccurate claim for relief).
Potential lost revenue: multiple errors
I66
1
Where P is liable to a penalty F15under paragraph 1 in respect of more than one inaccuracy, and the calculation of potential lost revenue under paragraph 5 in respect of each inaccuracy depends on the order in which they are corrected—
a
careless inaccuracies shall be taken to be corrected before deliberate inaccuracies, and
b
deliberate but not concealed inaccuracies shall be taken to be corrected before deliberate and concealed inaccuracies.
2
In calculating potential lost revenue where P is liable to a penalty F16under paragraph 1 in respect of one or more understatements in one or more documents relating to a tax period, account shall be taken of any overstatement in any document given by P which relates to the same tax period.
3
In sub-paragraph (2)—
a
“understatement” means an inaccuracy that satisfies Condition 1 of paragraph 1, and
b
“overstatement” means an inaccuracy that does not satisfy that condition.
4
For the purposes of sub-paragraph (2) overstatements shall be set against understatements in the following order—
a
understatements in respect of which P is not liable to a penalty,
b
careless understatements,
c
deliberate but not concealed understatements, and
d
deliberate and concealed understatements.
5
In calculating F17for the purposes of a penalty under paragraph 1 potential lost revenue in respect of a document given by or on behalf of P no account shall be taken of the fact that a potential loss of revenue from P is or may be balanced by a potential over-payment by another person (except to the extent that an enactment requires or permits a person's tax liability to be adjusted by reference to P's).
Potential lost revenue: losses
I77
1
Where an inaccuracy has the result that a loss is wrongly recorded for purposes of direct tax and the loss has been wholly used to reduce the amount due or payable in respect of tax, the potential lost revenue is calculated in accordance with paragraph 5.
2
Where an inaccuracy has the result that a loss is wrongly recorded for purposes of direct tax and the loss has not been wholly used to reduce the amount due or payable in respect of tax, the potential lost revenue is—
a
the potential lost revenue calculated in accordance with paragraph 5 in respect of any part of the loss that has been used to reduce the amount due or payable in respect of tax, plus
b
10% of any part that has not.
3
Sub-paragraphs (1) and (2) apply both—
a
to a case where no loss would have been recorded but for the inaccuracy, and
b
to a case where a loss of a different amount would have been recorded (but in that case sub-paragraphs (1) and (2) apply only to the difference between the amount recorded and the true amount).
4
Where an inaccuracy has the effect of creating or increasing an aggregate loss recorded for a group of companies—
a
the potential lost revenue shall be calculated in accordance with this paragraph, and
b
in applying paragraph 5 in accordance with sub-paragraphs (1) and (2) above, group relief may be taken into account (despite paragraph 5(4)(a)).
5
The potential lost revenue in respect of a loss is nil where, because of the nature of the loss or P's circumstances, there is no reasonable prospect of the loss being used to support a claim to reduce a tax liability (of any person).
Potential lost revenue: delayed tax
I88
1
Where an inaccuracy resulted in an amount of tax being declared later than it should have been (“the delayed tax”), the potential lost revenue is—
a
5% of the delayed tax for each year of the delay, or
b
a percentage of the delayed tax, for each separate period of delay of less than a year, equating to 5% per year.
2
This paragraph does not apply to a case to which paragraph 7 applies.
Reductions for disclosure
I99
F18A1
Paragraph 10 provides for reductions in penalties under paragraphs 1, 1A and 2 where a person discloses an inaccuracy, a supply of false information or withholding of information, or a failure to disclose an under-assessment.
1
A person discloses an inaccuracyF19, a supply of false information or withholding of information, or a failure to disclose an under-assessment by—
a
telling HMRC about it,
b
2
Disclosure—
a
is “unprompted” if made at a time when the person making it has no reason to believe that HMRC have discovered or are about to discover the inaccuracyF22, the supply of false information or withholding of information, or the under-assessment, and
b
otherwise, is “prompted”.
3
In relation to disclosure “quality” includes timing, nature and extent.
I1010
1
Where a person who would otherwise be liable to a 30% penalty has made an unprompted disclosure, HMRC shall reduce the 30% to a percentage (which may be 0%) which reflects the quality of the disclosure.
2
Where a person who would otherwise be liable to a 30% penalty has made a prompted disclosure, HMRC shall reduce the 30% to a percentage, not below 15%, which reflects the quality of the disclosure.
3
Where a person who would otherwise be liable to a 70% penalty has made an unprompted disclosure, HMRC shall reduce the 70% to a percentage, not below 20%, which reflects the quality of the disclosure.
4
Where a person who would otherwise be liable to a 70% penalty has made a prompted disclosure, HMRC shall reduce the 70% to a percentage, not below 35%, which reflects the quality of the disclosure.
5
Where a person who would otherwise be liable to a 100% penalty has made an unprompted disclosure, HMRC shall reduce the 100% to a percentage, not below 30%, which reflects the quality of the disclosure.
6
Where a person who would otherwise be liable to a 100% penalty has made a prompted disclosure, HMRC shall reduce the 100% to a percentage, not below 50%, which reflects the quality of the disclosure.
Special reduction
I1111
1
If they think it right because of special circumstances, HMRC may reduce a penalty under paragraph 1F23, 1A or 2.
2
In sub-paragraph (1) “special circumstances” does not include—
a
ability to pay, or
b
the fact that a potential loss of revenue from one taxpayer is balanced by a potential over-payment by another.
3
In sub-paragraph (1) the reference to reducing a penalty includes a reference to—
a
staying a penalty, and
b
agreeing a compromise in relation to proceedings for a penalty.
Interaction with other penalties F53and late payment surcharges
Words in Sch. 24 para. 12 cross-heading inserted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 11(4); S.I. 2009/571, art. 2
I1212
1
The final entry in the Table in paragraph 1 excludes a document in respect of which a penalty is payable under section 98 of TMA 1970 (special returns).
2
The amount of a penalty for which P is liable under paragraph 1 or 2 in respect of a document relating to a tax period shall be reduced by the amount of any other penalty F25incurred by P, or any surcharge for late payment of tax imposed on P, if the amount of the penalty or surcharge is determined by reference to the same tax liability.
3
In the application of section 97A of TMA 1970 (multiple penalties) no account shall be taken of a penalty under paragraph 1 or 2.
F244
Where penalties are imposed under paragraphs 1 and 1A in respect of the same inaccuracy, the aggregate of the amounts of the penalties must not exceed 100% of the potential lost revenue.
Part 3Procedure
Assessment
I1313
1
a
assess the penalty,
b
F28notify the person, and
c
state in the notice a tax period in respect of which the penalty is assessed.
F261A
A penalty under paragraph 1, 1A or 2 must be paid before the end of the period of 30 days beginning with the day on which notification of the penalty is issued.
2
An assessment—
a
shall be treated for procedural purposes in the same way as an assessment to tax (except in respect of a matter expressly provided for by this Act),
b
may be enforced as if it were an assessment to tax, and
c
may be combined with an assessment to tax.
3
An assessment of a penalty under paragraph 1 F30 or 1A must be made F31before the end of the period of 12 months beginning with—
a
the end of the appeal period for the decision correcting the inaccuracy, or
b
if there is no assessment F32to the tax concerned within paragraph (a), the date on which the inaccuracy is corrected.
4
An assessment of a penalty under paragraph 2 must be made F33before the end of the period of 12 months beginning with—
a
the end of the appeal period for the assessment of tax which corrected the understatement, or
b
if there is no assessment within paragraph (a), the date on which the understatement is corrected.
5
For the purpose of sub-paragraphs (3) and (4) a reference to an appeal period is a reference to the period during which—
a
an appeal could be brought, or
b
an appeal that has been brought has not been determined or withdrawn.
6
Subject to sub-paragraphs (3) and (4), a supplementary assessment may be made in respect of a penalty if an earlier assessment operated by reference to an underestimate of potential lost revenue.
F687
In this Part of this Schedule references to an assessment to tax, in relation to inheritance tax and stamp duty reserve tax, are to a determination.
Suspension
I1414
1
HMRC may suspend all or part of a penalty for a careless inaccuracy under paragraph 1 by notice in writing to P.
2
A notice must specify—
a
what part of the penalty is to be suspended,
b
a period of suspension not exceeding two years, and
c
conditions of suspension to be complied with by P.
3
HMRC may suspend all or part of a penalty only if compliance with a condition of suspension would help P to avoid becoming liable to further penalties under paragraph 1 for careless inaccuracy.
4
A condition of suspension may specify—
a
action to be taken, and
b
a period within which it must be taken.
5
On the expiry of the period of suspension—
a
if P satisfies HMRC that the conditions of suspension have been complied with, the suspended penalty or part is cancelled, and
b
otherwise, the suspended penalty or part becomes payable.
6
If, during the period of suspension of all or part of a penalty under paragraph 1, P becomes liable for another penalty under that paragraph, the suspended penalty or part becomes payable.
Appeal
I1515
1
2
3
4
F6316
1
An appeal under this Part of this Schedule shall be treated in the same way as an appeal against an assessment to the tax concerned (including by the application of any provision about bringing the appeal by notice to HMRC, about HMRC review of the decision or about determination of the appeal by the First-tier Tribunal or Upper Tribunal).
2
F69Sub-paragraph (1) does not apply—
a
so as to require P to pay a penalty before an appeal against the assessment of the penalty is determined, or
b
in respect of any other matter expressly provided for by this Act.
I1617
1
On an appeal under paragraph 15(1) the F55... tribunal may affirm or cancel HMRC's decision.
2
On an appeal under paragraph 15(2) the F56... tribunal may—
a
affirm HMRC's decision, or
b
substitute for HMRC's decision another decision that HMRC had power to make.
3
If the F57... tribunal substitutes its decision for HMRC's, the F57... tribunal may rely on paragraph 11—
a
to the same extent as HMRC (which may mean applying the same percentage reduction as HMRC to a different starting point), or
b
to a different extent, but only if the F57... tribunal thinks that HMRC's decision in respect of the application of paragraph 11 was flawed.
4
On an appeal under paragraph 15(3)—
a
the F58... tribunal may order HMRC to suspend the penalty only if it thinks that HMRC's decision not to suspend was flawed, and
5
On an appeal under paragraph 15(4) the F62... tribunal—
a
may affirm the conditions of suspension, or
b
may vary the conditions of suspension, but only if the F62... tribunal thinks that HMRC's decision in respect of the conditions was flawed.
F545A
In this paragraph “tribunal” means the First-tier Tribunal or Upper Tribunal (as appropriate by virtue of paragraph 16(1)).
6
In sub-paragraphs (3)(b), (4)(a) and (5)(b) “flawed” means flawed when considered in the light of the principles applicable in proceedings for judicial review.
7
Paragraph 14 (see in particular paragraph 14(3)) is subject to the possibility of an order under this paragraph.
Part 4Miscellaneous
Agency
I1718
1
P is liable under paragraph 1(1)(a) where a document which contains a careless inaccuracy (within the meaning of paragraph 3) is given to HMRC on P's behalf.
2
In paragraph 2(1)(b) and (2)(a) a reference to P includes a reference to a person who acts on P's behalf in relation to tax.
3
Despite sub-paragraphs (1) and (2), P is not liable to a penalty F50under paragraph 1 or 2 in respect of anything done or omitted by P's agent where P satisfies HMRC that P took reasonable care to avoid inaccuracy (in relation to paragraph 1) or unreasonable failure (in relation to paragraph 2).
4
In paragraph 3(1)(a) (whether in its application to a document given by P or, by virtue of sub-paragraph (1) above, in its application to a document given on P's behalf) a reference to P includes a reference to a person who acts on P's behalf in relation to tax.
5
In paragraph 3(2) a reference to P includes a reference to a person who acts on P's behalf in relation to tax.
Companies: officers' liability
I1819
1
Where a penalty under paragraph 1 is payable by a company for a deliberate inaccuracy which was attributable to an officer F48of the company, the officer is liable to pay such portion of the penalty (which may be 100%) as HMRC may specify by written notice to the officer.
2
Sub-paragraph (1) does not allow HMRC to recover more than 100% of a penalty.
3
In the application of sub-paragraph (1) to a body corporate F72other than a limited liability partnership “officer” means—
a
a director (including a shadow director within the meaning of section 251 of the Companies Act 2006 (c. 46)), F74...
F73aa
a manager, and
b
a secretary.
F703A
In the application of sub-paragraph (1) to a limited liability partnership, “officer” means a member.
4
In the application of sub-paragraph (1) in any other case “officer” means—
a
a director,
b
a manager,
c
a secretary, and
d
any other person managing or purporting to manage any of the company's affairs.
F495
Where HMRC have specified a portion of a penalty in a notice given to an officer under sub-paragraph (1)—
a
paragraph 11 applies to the specified portion as to a penalty,
b
the officer must pay the specified portion before the end of the period of 30 days beginning with the day on which the notice is given,
c
paragraph 13(2), (3) and (5) apply as if the notice were an assessment of a penalty,
d
a further notice may be given in respect of a portion of any additional amount assessed in a supplementary assessment in respect of the penalty under paragraph 13(6),
e
paragraphs 15(1) and (2), 16 and 17(1) to (3) and (6) apply as if HMRC had decided that a penalty of the amount of the specified portion is payable by the officer, and
f
paragraph 21 applies as if the officer were liable to a penalty.
F716
In this paragraph “company” means any body corporate or unincorporated association, but does not include a partnership, a local authority or a local authority association.
Partnerships
I1920
1
This paragraph applies where P is liable to a penalty under paragraph 1 for an inaccuracy in or in connection with a partnership return.
2
Where the inaccuracy affects the amount of tax due or payable by a partner of P, the partner is also liable to a penalty (“a partner's penalty”).
3
Paragraphs 4 to 13 and 19 shall apply in relation to a partner's penalty (for which purpose a reference to P shall be taken as a reference to the partner).
4
Potential lost revenue shall be calculated separately for the purpose of P's penalty and any partner's penalty, by reference to the proportions of any tax liability that would be borne by each partner.
5
Paragraph 14 shall apply jointly to P's penalty and any partner's penalties.
6
P may bring an appeal under paragraph 15 in respect of a partner's penalty (in addition to any appeal that P may bring in connection with the penalty for which P is liable).
Double jeopardy
I2021
Part 5General
Interpretation
I2122
Paragraphs 23 to F4427 apply for the construction of this Schedule.
I2223
HMRC means Her Majesty's Revenue and Customs.
F5223A
“Tax”, without more, includes duty.
I2324
An expression used in relation to income tax has the same meaning as in the Income Tax Acts.
I2425
An expression used in relation to corporation tax has the same meaning as in the Corporation Tax Acts.
I2526
An expression used in relation to capital gains tax has the same meaning as in the enactments relating to that tax.
I2627
An expression used in relation to VAT has the same meaning as in VATA 1994.
I2728
In this Schedule—
a
a reference to corporation tax includes a reference to tax or duty which by virtue of an enactment is assessable or chargeable as if it were corporation tax,
b
a reference to tax includes a reference to construction industry deductions under Chapter 3 of Part 3 of FA 2004,
c
“direct tax” means—
i
income tax,
ii
capital gains tax, F37...
iii
corporation tax, F38and
iv
petroleum revenue tax,
d
a reference to understating liability to VAT includes a reference to overstating entitlement to a VAT credit,
F75da
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
a reference to a loss includes a reference to a charge, expense, deficit and any other amount which may be available for, or relied on to claim, a deduction or relief,
f
a reference to repayment of tax includes a reference to allowing a credit F39against tax or to a payment of a corporation tax credit,
F36fa
“corporation tax credit” means—
i
an R&D tax credit under F41Chapter 2 or 7 of Part 13 of CTA 2009,
ii
a land remediation tax credit or life assurance company tax credit under F42Chapter 3 or 4 respectively of Part 14 of CTA 2009,
F43iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iv
a film tax credit under F40Chapter 3 of Part 15 of CTA 2009, or
v
a first-year tax credit under Schedule A1 to CAA 2001,
g
“tax period” means a tax year, accounting period or other period in respect of which tax is charged,
h
a reference to giving a document to HMRC includes a reference to communicating information to HMRC in any form and by any method (whether by post, fax, email, telephone or otherwise),
i
a reference to giving a document to HMRC includes a reference to making a statement or declaration in a document,
j
a reference to making a return or doing anything in relation to a return includes a reference to amending a return or doing anything in relation to an amended return, and
k
a reference to action includes a reference to omission.
Consequential amendments
I2829
The following provisions are omitted—
a
sections 95, 95A, 97 and 98A(4) of TMA 1970 (incorrect returns and accounts),
b
sections 100A(1) and 103(2) of TMA 1970 (deceased persons),
c
in Schedule 18 to FA 1998 (company tax returns), paragraphs 20 and 89 (company tax returns), and
d
sections 60, 61, 63 and 64 of VATA 1994 (evasion).
I2930
In F76paragraphs 7 and 7B of Schedule 1 to the Social Security Contributions and Benefits Act 1992 (c. 4) (penalties) a reference to a provision of TMA 1970 shall be construed as a reference to this Schedule so far as is necessary to preserve its effect.
I3031
In F77paragraphs 7 and 7B of Schedule 1 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) (penalties) a reference to a provision of TMA 1970 shall be construed as a reference to this Schedule so far as is necessary to preserve its effect.
Sch. 24 applied (N.I.) (1.4.2008) by The Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2000 (S.R. 2000/121), regs. 7(2A)(b), 26(4) (as amended by S.R. 2008/129, regs. 1, 3(a), 4)