Modifications etc. (not altering text)
C1Sch. 55 modified (8.4.2010) by Finance Act 2010 (c. 13), Sch. 1 para. 38
18(1)Where P is liable for a penalty under any paragraph of this Schedule HMRC must—U.K.
(a)assess the penalty,
(b)notify P, and
(c)state in the notice the period in respect of which the penalty is assessed.
(2)A penalty under any paragraph of this Schedule must be paid before the end of the period of 30 days beginning with the day on which notification of the penalty is issued.
(3)An assessment of a penalty under any paragraph of this Schedule—
(a)is to 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 Schedule),
(b)may be enforced as if it were an assessment to tax, and
(c)may be combined with an assessment to tax.
(4)A supplementary assessment may be made in respect of a penalty if an earlier assessment operated by reference to an underestimate of the liability to tax which would have been shown in a return.
[F1(5)A replacement assessment may be made in respect of a penalty if an earlier assessment operated by reference to an overestimate of the liability to tax which would have been shown in a return.]
Textual Amendments
F1Sch. 55 para. 18(5) inserted (1.4.2011 for specified purposes, 6.4.2011 for specified purposes, 6.10.2011 for specified purposes) by Finance (No. 3) Act 2010 (c. 33), s. 26(2), Sch. 10 para. 10; S.I. 2011/703, art. 2(a)(b); S.I. 2011/2391, art. 2(a) (with art. 3)
Commencement Information
I1Sch. 55 para. 18 in force at 1.4.2011 for specified purposes and 6.4.2011 for specified purposes by S.I. 2011/702, art. 2 (with art. 1(2))
19(1)An assessment of a penalty under any paragraph of this Schedule in respect of any amount must be made on or before the later of date A and (where it applies) date B.U.K.
(2)Date A is the last day of the period of 2 years beginning with the filing date.
(3)Date B is the last day of the period of 12 months beginning with—
(a)the end of the appeal period for the assessment of the liability to tax which would have been shown in the return, or
(b)if there is no such assessment, the date on which that liability is ascertained or it is ascertained that the liability is nil.
(4)In sub-paragraph (3)(a) “appeal period” means the period during which—
(a)an appeal could be brought, or
(b)an appeal that has been brought has not been determined or withdrawn.
(5)Sub-paragraph (1) does not apply to a re-assessment under paragraph 24(2)(b).
Commencement Information
I2Sch. 55 para. 19 in force at 1.4.2011 for specified purposes and 6.4.2011 for specified purposes by S.I. 2011/702, art. 2 (with art. 1(2))