- Latest available (Revised)
- Point in Time (01/07/2021)
- Original (As enacted)
Version Superseded: 24/02/2022
Point in time view as at 01/07/2021.
Finance Act 2007, Cross Heading: Error in taxpayer's document is up to date with all changes known to be in force on or before 28 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
1(1)A penalty is payable by a person (P) where—U.K.
(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 [F1a] liability to tax,
(b)a false or inflated statement of a loss F2..., or
(c)a false or inflated claim to repayment of tax.
(3)Condition 2 is that the inaccuracy was [F3careless (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.
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. |
[F4Apprenticeship levy | Return under regulations under section 105 of FA 2016.] |
[F5Capital gains tax | Return under [F6Schedule 2 to FA 2019].] |
[F7Income 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. |
[F8Digital services tax | DST return under paragraph 2 of Schedule 8 to FA 2020.] |
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. |
F9. . . | F9. . . |
[F10Insurance 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. |
[F11Annual tax on enveloped dwellings | Annual tax on enveloped dwellings return.] |
[F11Annual tax on enveloped dwellings | Return of adjusted chargeable amount.] |
Petroleum revenue tax | Return under paragraph 2 of Schedule 2 to the Oil Taxation Act 1975. |
[F12Petroleum revenue tax | Statement or declaration in connection with a claim under paragraph 13A 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. |
[F13Soft drinks industry levy | Return under regulations under section 52 of FA 2017] |
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.] |
[F14Machine games duty | Return under regulations under paragraph 18 of Schedule 24 to FA 2012] |
[F15Any of the taxes mentioned above ] | Any document which is likely to be relied upon by HMRC to determine, without further inquiry, a question about— (a) P's liability to tax, (b) payments by P by way of or in connection with tax, (c) any other payment by P (including penalties), or (d) repayments, or any other kind of payment or credit, to P. |
F16(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F17(5)In relation to a return under paragraph 2 of Schedule 2 to the Oil Taxation Act 1975 [F18or a statement or declaration under paragraph 13A of that Schedule], 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).]
Textual Amendments
F1Word in Sch. 24 para. 1(2) substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(2)(a); S.I. 2009/571, art. 2
F2Words in Sch. 24 para. 1(2) omitted (1.4.2009) by virtue of Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(2)(b); S.I. 2009/571, art. 2
F3Words in Sch. 24 para. 1(3) substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(3); S.I. 2009/571, art. 2
F4Words in Sch. 24 para. 1 inserted (6.4.2017) by Finance Act 2016 (c. 24), s. 113(2)(16) (with s. 117); S.I. 2017/355, reg. 2
F5Words in Sch. 24 para. 1(4) inserted (with effect in accordance with Sch. 7 para. 60 of the amending Act) by Finance Act 2015 (c. 11), Sch. 7 para. 56(2)
F6Words in Sch. 24 para. 1(4) substituted (with effect in accordance with Sch. 2 para. 32(1) of the amending Act) by Finance Act 2019 (c. 1), Sch. 2 para. 27(2)
F7Words in Sch. 24 para. 1 inserted (with effect in accordance with art. 3-5 of the commencing S.I.) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(4); S.I. 2009/571, art. 2
F8Words in Sch. 24 para. 1 table inserted (22.7.2020) by Finance Act 2020 (c. 14), Sch. 10 para. 3(2)
F9Words in Sch. 24 para. 1 omitted (31.12.2020) by virtue of Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 111(2) (with savings and transitional provisions in S.I. 2019/105 (as amended by S.I. 2020/1495, regs. 1(2), 21), S.I. 2020/1545, Pt. 4 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(b) (with reg. 7)
F10Words in Sch. 24 para. 1 inserted (with effect in accordance with art. 3-5 of the commencing S.I.) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(5); S.I. 2009/571, art. 2
F11Words in Sch. 24 para. 1 inserted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 34 para. 6
F12Words in Sch. 24 para. 1 inserted (with effect in accordance with s. 28(2) of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 12 para. 12(2)
F13Words in Sch. 24 para. 1 inserted (6.4.2018) by Finance Act 2017 (c. 10), s. 61(2), Sch. 11 para. 3; S.I. 2018/467, reg. 2
F14Words in Sch. 24 para. 1 inserted (with effect in accordance with Sch. 24 para. 66(2) of the amending Act) by Finance Act 2012 (c. 14), Sch. 24 para. 29
F15Words in Sch. 24 para. 1 substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(6); S.I. 2009/571, art. 2
F16Sch. 24 para. 1(4A)-(4C) omitted (31.12.2020) by virtue of Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 111(3) (with savings and transitional provisions in S.I. 2019/105 (as amended by S.I. 2020/1495, regs. 1(2), 21), S.I. 2020/1545, Pt. 4 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(b) (with reg. 7)
F17Sch. 24 para. 1(5) inserted (1.4.2009) by Finance Act 2008 (c. 9), s. 122(2), Sch. 40 para. 2(7); S.I. 2009/571, art. 2
F18Words in Sch. 24 para. 1(5) inserted (with effect in accordance with s. 28(2) of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 12 para. 12(3)
Commencement Information
I1Sch. 24 para. 1 in force at 1.4.2008 for certain purposes, 1.7.2008 for certain purposes, 1.1.2009 for certain purposes, and 1.4.2009 in so far as not already in force by S.I. 2008/568, art. 2 (with art. 3)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: