SCHEDULES

C2C3C1SCHEDULE 41Penalties: failure to notify and certain VAT and excise wrongdoing

Annotations:
Modifications etc. (not altering text)
C2

Sch. 41 modified (with effect in accordance with s. 42(2), Sch. 12 para. 29(1) of the amending Act) by Finance Act 2018 (c. 3), Sch. 12 paras. 33, 34

C3

Sch. 41 applied (with modifications) (22.7.2020) by Finance Act 2020 (c. 14), Sch. 16 para. 11(6) (with Sch. 16 para. 11(7))

C1

Sch. 41 applied (with modifications) (22.7.2020) by Finance Act 2020 (c. 14), Sch. 16 para. 13

Reasonable excuse

I120

1

Liability to a penalty under any of paragraphs 1, 2, 3(1) and 4 does not arise in relation to an act or failure which is not deliberate if P satisfies HMRC or F1(on an appeal notified to the tribunal) the tribunal that there is a reasonable excuse for the act or failure.

2

For the purposes of sub-paragraph (1)—

a

an insufficiency of funds is not a reasonable excuse unless attributable to events outside P's control,

b

where P relies on any other person to do anything, that is not a reasonable excuse unless P took reasonable care to avoid the relevant act or failure, and

c

where P had a reasonable excuse for the relevant act or failure but the excuse has ceased, P is to be treated as having continued to have the excuse if the relevant act or failure is remedied without unreasonable delay after the excuse ceased.