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Finance Act 2017

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This is the original version (as it was originally enacted).

Sections 48(2) and 53(1): requirements imposed by regulations

1(1)A person who fails to comply with a requirement imposed by regulations under section 48(2) or 53(1)(a) is liable to a penalty.

(2)The amount of the penalty is equal to the relevant amount multiplied by the number of days on which the failure continues (up to a maximum of 100 days) or, if it is greater, to a penalty of £50.

(3)In relation to a failure by a person to comply with the requirement, the amount of the penalty is to be determined by reference to the number of occasions in the period of 2 years preceding the beginning of the failure on which the person has previously failed to comply with that requirement.

(4)But—

(a)a continuing failure to comply with a requirement is to be regarded as one occasion of failure occurring on the date on which the failure began;

(b)if the same omission gives rise to a failure to comply with more than one such requirement, it is to be regarded as the occasion of only one failure.

(5)The relevant amount is—

(a)if there has been no previous occasion of failure in the period mentioned in sub-paragraph (3), £5;

(b)if there has been only one such occasion in that period, £10; and

(c)in any other case, £15.

(6)A person who fails to comply with a requirement to preserve records imposed by regulations under section 53(1)(b) is liable to a penalty of £500.

(7)If by reason of conduct falling within sub-paragraph (1) or (6) a person is assessed to a penalty for a deliberate inaccuracy under Schedule 24 to FA 2007, that conduct does not also give rise to a penalty under this paragraph.

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