SCHEDULE 1Lifetime ISAs: further provision
Part 5Further provision about penalties
Penalties for dishonesty
17
(1)
Sub-paragraph (2) applies to a person who dishonestly does anything, or dishonestly omits to do anything, either—
(a)
for the purpose of obtaining an amount by way of bonus to which the person is not entitled, or
(b)
for the purpose of assisting another person to obtain an amount by way of bonus to which that other person is not entitled.
(2)
The person is liable to a penalty not exceeding the greater of—
(a)
£3,000, and
(b)
the amount mentioned in paragraph (a) or (b), as the case may be, of sub-paragraph (1).
(3)
Sub-paragraph (4) applies to a person who dishonestly does anything, or dishonestly omits to do anything, for the purpose of—
(a)
securing that a withdrawal from a Lifetime ISA, other than a withdrawal specified under paragraph 7(4), is made without deduction of any amount that under paragraph 8(3)(b) should be deducted from the withdrawal, or
(b)
concealing that an amount has become payable under paragraph 8.
(4)
The person is liable to a penalty of an amount not exceeding the greater of—
(a)
£3,000, and
(b)
the amount that should have been deducted or (as the case may be) the amount concealed.
(5)
Treasury regulations may substitute a different amount for the amount for the time being specified in sub-paragraph (2)(a) or (4)(a).
(6)
Paragraphs 46 to 49 and 52 of Schedule 36 to the Finance Act 2008 (penalties: assessment, appeals and enforcement) apply in relation to a penalty under this paragraph as they apply in relation to a penalty under paragraph 40A of that Schedule, except that the reference in paragraph 46(4) to the inaccuracy has effect as a reference to the dishonest act or omission.