Section 20 Penalties: failure to submit return etc.
104.This section concerns penalties that may be imposed where a person fails to submit to HMRC a return or other information required by or under this Act.
105.Under subsection (1), penalties may be imposed on:
account providers who fail to submit a return to HMRC within the time set out in regulations made under section 11 (returns of information to HMRC); and
a person who fails to provide a document or information to HMRC within the period set out in regulations made under section 17 (information to be supplied by relevant persons).
106.Subsection (2) sets this penalty at not more than £300 for the initial failure. In addition, daily penalties of not more than £60 may be imposed for each day that the failure continues after the first penalty has been imposed.
107.Subsection (3) ensures that no penalty will be charged under subsection (1) once the failure has been remedied.
108.Under Subsection (4), a person will not be considered to have failed to make a timely claim, or to have failed to provide or make information available on time, if they have done so within any additional time offered by the Commissioners, or if they had a reasonable excuse for the delay. Subsection (5) lists matters which are and are not considered to be reasonable excuses for the purposes of subsection (4).
