SCHEDULES
C1C3C2SCHEDULE 55Penalty for failure to make returns etc
Sch. 55 applied by S.R. 2009/128, reg. 35 (as substituted (6.4.2011) by The Education (Student Loans) (Repayment) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/137), regs. 1(1), 8(a) (with reg. 12))
Sch. 55 applied by S.I. 2009/470, reg. 40(1)(2) (as substituted (6.4.2011) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2011 (S.I. 2011/784), regs. 1(1), 9 (with reg. 12(2)))
Penalty for failure to make returns etc
I1C3C2I21
1
A penalty is payable by a person (“P”) where P fails to make or deliver a return, or to deliver any other document, specified in the Table below on or before the filing date.
2
Paragraphs 2 to 13 set out—
a
the circumstances in which a penalty is payable, and
b
subject to paragraphs 14 to 17, the amount of the penalty.
3
If P's failure falls within more than one paragraph of this Schedule, P is liable to a penalty under each of those paragraphs (but this is subject to paragraph 17(3)).
4
In this Schedule—
“filing date”, in relation to a return or other document, means the date by which it is required to be made or delivered to HMRC;
“penalty date”, in relation to a return or other document, means the date on which a penalty is first payable for failing to make or deliver it (that is to say, the day after the filing date).
5
In the provisions of this Schedule which follow the Table—
a
any reference to a return includes a reference to any other document specified in the Table, and
b
any reference to making a return includes a reference to delivering a return or to delivering any such document.
Tax to which return etc relates | Return or other document | |
|---|---|---|
1 | Income tax or capital gains tax | (a) Return under section 8(1)(a) of TMA 1970 (b) Accounts, statement or document required under section 8(1)(b) of TMA 1970 |
2 | Income tax or capital gains tax | (a) Return under section 8A(1)(a) of TMA 1970 (b) Accounts, statement or document required under section 8A(1)(b) of TMA 1970 |
3 | Income tax or corporation tax | (a) Return under section 12AA(2)(a) or (3)(a) of TMA 1970 (b) Accounts, statement or document required under section 12AA(2)(b) or (3)(b) of TMA 1970 |
4 | Income tax | (a) Annual return of payments and net tax deducted for the purposes of PAYE regulations (b) Return of revised payments and net tax deducted for those purposes where those amounts are revised after end of tax year |
5 | Income tax | Return under section 254 of FA 2004 (pension schemes) |
6 | Deductions on account of tax under Chapter 3 of Part 3 of FA 2004 (construction industry scheme) | Return under regulations under section 70 of FA 2004 |
7 | Corporation tax | Company tax return under paragraph 3 of Schedule 18 to FA 1998 |
8 | Inheritance tax | Account under section 216 or 217 of IHTA 1984 |
9 | Stamp duty land tax | Land transaction return under section 76 of FA 2003 or further return under section 81 of that Act |
10 | Stamp duty land tax | Return under paragraph 3, 4 or 8 of Schedule 17A to FA 2003 |
11 | Stamp duty reserve tax | Notice of charge to tax under regulations under section 98 of FA 1986 |
12 | Petroleum revenue tax | Return under paragraph 2 of Schedule 2 to OTA 1975 |
13 | Petroleum revenue tax | Statement under section 1(1)(a) of PRTA 1980 |
Sch. 55 modified (8.4.2010) by Finance Act 2010 (c. 13), Sch. 1 para. 38