Modifications etc. (not altering text)
C1Sch. 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)
C2Sch. 24 applied (6.4.2008) by The Social Security (Contributions) Regulations 2001 (S.I. 2001/1004), reg. 81(1)(1A), Sch. 4 paras. 21A(8), 21D(9), 21F(12), 22(7), 31(8) (as amended by S.I. 2008/636, reg. 7; S.I. 2010/721, reg. 4; S.I. 2012/821, reg. 11)
C3Sch. 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))
C4Sch. 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)
C5Sch. 24 modified (8.4.2010) by Finance Act 2010 (c. 13), Sch. 1 para. 37
C6Sch. 24 applied (with modifications) (19.4.2013) by The Small Charitable Donations Regulations 2013 (S.I. 2013/938), regs. 1, 15
C7Sch. 24 excluded (17.7.2014) by Finance Act 2014 (c. 26), Sch. 35 para. 13(a)
C8Sch. 24 applied by 1993 c. 34, Sch. 20A para. 9A(6) (as inserted (19.12.2014) by The Lloyd's Underwriters (Conversion of Partnerships to Underwriting through Successor Companies) (Tax) Regulations 2014 (S.I. 2014/3133), regs. 1, 5(4))
C9Sch. 24 applied (with modifications) by 1992 c. 4, s. 11A(1)(3) (as inserted (with effect in accordance with Sch. 1 para. 35 of the amending Act) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 para. 3)
C10Sch. 24 applied (with modifications) by 1992 c.7 (N.I.) s. 11A(1)(3) (as inserted (with effect in accordance with Sch. 1 para. 35 of the amending Act) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 para. 12)
C11Sch. 24 applied (with application in accordance with reg. 1 of the amending S.I.) by The Education (Postgraduate Masters Degree Loans) Regulations 2016 (S.I. 2016/606), regs. 1(1), 85(4)
C12Sch. 24 applied (with application in accordance with reg. 1 of the amending S.I.) by The Education (Postgraduate Masters Degree Loans) Regulations 2016 (S.I. 2016/606), regs. 1(1), 50(3)
C13Sch. 24 applied (with application in accordance with reg. 1 of the amending S.I.) by The Education (Postgraduate Masters Degree Loans) Regulations 2016 (S.I. 2016/606), regs. 1(1), 24(3)
C14Sch. 24 applied (with modifications) (1.5.2023) by The Value Added Tax (Margin Schemes and Removal or Export of Goods: VAT-related Payments) Order 2023 (S.I. 2023/68), arts. 1(1), 14 (with art. 1(2))
C15Sch. 24 applied (14.9.2023) by The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) (No. 2) Regulations 2023 (S.I. 2023/912), regs. 1(2), 40(2) (with reg. 1(3))
Modifications etc. (not altering text)
C16Sch. 24 Pt. 1 modified (10.6.2021 for specified purposes, 1.7.2021 for specified purposes) by 1994 c. 23, Sch. 9ZF para. 9 (as inserted by Finance Act 2021 (c. 26), s. 95(6)(a), Sch. 18 para. 6); S.I. 2021/770, regs. 3, 4 (with regs. 5-7) (as amended (1.4.2022) by The Value Added Tax (Enforcement Related to Distance Selling and Miscellaneous Amendments) Regulations 2022 (S.I. 2022/226), regs. 1, 26(b))
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.] |
| [F9Multinational top-up tax | Overseas return notification and information provided with it |
| Multinational top-up tax | Self-assessment return and information provided with it |
| Multinational top-up tax | Below-threshold notification and information provided with it] |
| [F10Domestic top-up tax | Overseas return notification and information provided with it |
| Domestic top-up tax | Self-assessment return and information provided with it |
| Domestic top-up tax | Self-assessment return and information provided with it] |
| VAT | Below-threshold notification and information provided with it |
| VAT | Return, statement or declaration in connection with a claim. |
| F11. . . | F11. . . |
| [F12Insurance 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. |
| [F13Annual tax on enveloped dwellings | Annual tax on enveloped dwellings return.] |
| [F13Annual 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. |
| [F14Petroleum 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. |
| [F15Plastic packaging tax | Return under regulations under section 61 of FA 2021.] |
| [F16Soft 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. |
| F17. . . | F17. . . |
| [F18Alcohol duty | Statement or declaration in connection with a claim for repayment of duty under section 75 of F(No. 2)A 2023.] |
| [F19Alcohol duty | Return under regulations under section 88 of F(No. 2)A 2023.] |
| 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.] |
| [F20Machine games duty | Return under regulations under paragraph 18 of Schedule 24 to FA 2012] |
| [F21Any 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. |
F22(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F23(5)In relation to a return under paragraph 2 of Schedule 2 to the Oil Taxation Act 1975 [F24or 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 Table inserted (with effect in relation to accounting periods commencing on or after 31.12.2023) by Finance (No. 2) Act 2023 (c. 30), s. 264, Sch. 14 para. 45
F10Words in Sch. 24 para. 1 Table inserted (with effect in relation to accounting periods commencing on or after 31.12.2023) by Finance (No. 2) Act 2023 (c. 30), s. 278, Sch. 18 para. 6(2)
F11Words 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)
F12Words 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
F13Words in Sch. 24 para. 1 inserted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 34 para. 6
F14Words 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)
F15Words in Sch. 24 para. 1 inserted (10.12.2021 for specified purposes, 1.4.2022 in so far as not already in force and with effect in accordance with s. 85(1)(b) of the amending Act) by Finance Act 2021 (c. 26), s. 85(1)(a), Sch. 15 para. 6; S.I. 2021/1409, regs. 3, 4
F16Words 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
F17Words in Sch. 24 para. 1 omitted (1.2.2025) by virtue of Finance (No. 2) Act 2023 (c. 30), s. 120(2), Sch. 13 para. 29(2); S.I. 2025/96, reg. 2(e) (with reg. 3)
F18Words in Sch. 24 para. 1 substituted (1.8.2023) by Finance (No. 2) Act 2023 (c. 30), s. 120(2), Sch. 13 para. 17; S.I. 2023/884, reg. 2(1)(j) (with reg. 10)
F19Words in Sch. 24 para. 1 inserted (1.2.2025) by Finance (No. 2) Act 2023 (c. 30), s. 120(2), Sch. 13 para. 29(3); S.I. 2025/96, reg. 2(e) (with reg. 3)
F20Words 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
F21Words 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
F22Sch. 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)
F23Sch. 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
F24Words 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)
Modifications etc. (not altering text)
C17Sch. 24 para. 1 modified (temp.) (with effect in accordance with Sch. 10 para. 43 of the amending Act) by Finance Act 2022 (c. 3), Sch. 10 para. 27 (as amended (5.1.2023) by S.I. 2022/1321, regs. 1, 2(2))
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)