Finance Act 2009

Interaction with other penalties and late payment surcharges U.K.

17 (1) Where P is liable for a penalty under any paragraph of this Schedule which is determined by reference to a liability to tax, the amount of that penalty is to be reduced by the amount of any other penalty incurred by P, if the amount of the penalty is determined by reference to the same liability to tax. U.K.

(2) In sub-paragraph (1) the reference to “any other penalty” does not include—

(a) a penalty under any other paragraph of this Schedule, or

(b) a penalty under Schedule 56 (penalty for late payment of tax)[F1 , or

(c) a penalty under Part 4 of FA 2014 (penalty where corrective action not taken after follower notice etc)] [F2 or

(d) a penalty under Schedule 22 to FA 2016 (asset-based penalty)].

(3) Where P is liable for a penalty under more than one paragraph of this Schedule which is determined by reference to a liability to tax, the aggregate of the amounts of those penalties must not exceed [F3 100%] [F3 the relevant percentage] of the liability to tax.

[F4 (4) The relevant percentage is—

(a) if one of the penalties is a penalty under paragraph 6(3) or (4) and the information withheld is category 3 information, 200%,

(b) if one of the penalties is a penalty under paragraph 6(3) or (4) and the information withheld is category 2 information, 150%, and

(c) in all other cases, 100%.]

Textual Amendments

F1 Sch. 55 para. 17(2)(c) and word inserted (17.7.2014) by Finance Act 2014 (c. 26), Sch. 33 para. 5

F2 Sch. 55 para. 17(2)(d) and preceding word inserted (with effect in accordance with reg. 2(b) of the commencing S.I.) by Finance Act 2016 (c. 24), s. 165(2), Sch. 22 para. 20(5); S.I. 2017/277, reg. 2(b)

F3 Words in Sch. 55 para. 17(3) substituted (6.4.2011 for specified purposes) by Finance Act 2010 (c. 13), s. 35(2), Sch. 10 para. 14(a); S.I. 2011/975, art. 2(2) (with art. 5)

F4 Sch. 55 para. 17(4) inserted (6.4.2011 for specified purposes) by Finance Act 2010 (c. 13), s. 35(2), Sch. 10 para. 14(b); S.I. 2011/975, art. 2(2) (with art. 5)

Modifications etc. (not altering text)

C1 Sch. 55 applied (with modifications) by S.I. 2001/1004, Sch. 4 para. 21G (as inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Contributions) (Amendment No. 4) Regulations 2014 (S.I. 2014/2397), regs. 1(1), 3(5))

Commencement Information

I1 Sch. 55 para. 17 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))

I2 Sch. 55 para. 17 in force at 6.10.2011 for specified purposes by S.I. 2011/2391, art. 2(b) (with art. 3(1)(2))

I3 Sch. 55 para. 17 in force at 6.10.2014 for specified purposes and 6.3.2015 for specified purposes by S.I. 2014/2395, art. 2(1)(b)

I4 Sch. 55 para. 17 in force at 6.4.2018 for specified purposes by S.I. 2018/468, art. 2(b)

I5 Sch. 55 para. 17 in force at 12.2.2019 for specified purposes by 2019 c. 1, Sch. 2 para. 29(3)