SCHEDULE 55Penalty for failure to make returns etc
Assessment
18
(1)
Where P is liable for a penalty under any paragraph of this Schedule HMRC must—
(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)
Sub-paragraph (6) applies if—
(a)
an assessment in respect of a penalty is based on a liability to tax that would have been shown in a return, and
(b)
that liability is found by HMRC to be excessive.
(6)
HMRC may by notice to P amend the assessment so that it is based upon the correct amount.
(7)
An amendment under sub-paragraph (6)—
(a)
does not affect when the penalty must be paid;
(b)
may be made after the last day on which the assessment in question could have been made under paragraph 19.