SCHEDULES
C2C6C5C1C4C3SCHEDULE 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)))
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))
Sch. 55 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)
Sch. 55 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)
Penalty for failure to make returns etc
I1I2I31
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 F6falling within any of items 1 to 3 and 5 to 13 in the Table, 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).
F14A
The Treasury may by order make such amendments to item 4 in the Table as they think fit in consequence of any amendment, revocation or re-enactment of the regulations mentioned in that item.
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 |
F32A | Capital gains tax | NRCGT return under section 12ZB 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 | F4Return under any of the following provisions of the Income Tax (PAYE) Regulations 2003 (S.I. 2003/2682)—
|
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 |
F220A | Excise duties | Return under regulations under section 60A of the Customs and Excise Management Act 1979 |
F529 | Machine games duty | Return under regulations under paragraph 18 of Schedule 24 to FA 2012 |
Sch. 55 modified (8.4.2010) by Finance Act 2010 (c. 13), Sch. 1 para. 38