SCHEDULE 55Penalty for failure to make returns etc
Reasonable excuse
23
(1)
F1Liability to a penalty under any paragraph of this Schedule does not arise in relation to a failure to make a return if P satisfies HMRC or (on appeal) the First-tier Tribunal or Upper Tribunal that there is a reasonable excuse for the failure.
F1If P satisfies HMRC or (on appeal) the First-tier Tribunal or Upper Tribunal that there is a reasonable excuse for a failure to make a return—
(a)
liability to a penalty under any paragraph of this Schedule does not arise in relation to that failure, and
(b)
the failure does not count for the purposes of paragraphs 13B(2), 13C, 13G(2) and 13H.
(2)
For the purposes of sub-paragraph (1)—
(a)
an insufficiency of funds is not a reasonable excuse, unless attributable to events outside P's control,
(b)
where P relies on any other person to do anything, that is not a reasonable excuse unless P took reasonable care to avoid the failure, and
(c)
where P had a reasonable excuse for the failure but the excuse has ceased, P is to be treated as having continued to have the excuse if the failure is remedied without unreasonable delay after the excuse ceased.