Point in time view as at 01/01/2018.
Finance Act 2016, Cross Heading: Assessment of penalty is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
38(1)Where a person is liable for a penalty under paragraph 30, HMRC must assess the penalty.U.K.
(2)Where HMRC assess the penalty, HMRC must—
(a)notify the person who is liable for the penalty, and
(b)state in the notice a tax period in respect of which the penalty is assessed.
(3)A penalty under this paragraph must be paid before the end of the period of 30 days beginning with the day on which the person is notified of the penalty under sub-paragraph (2).
(4)An assessment—
(a)is to be treated for procedural purposes as if it were an assessment to tax,
(b)may be enforced as if it were an assessment to tax, and
(c)may be combined with an assessment to tax.
(5)An assessment of a penalty under this paragraph must be made before the end of the period of 12 months beginning with the date of the defeat mentioned in paragraph 30(1).
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