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4. For regulation 81(1) (penalties for failure to make returns and incorrect returns) substitute—
“(1) Schedule 24 to the Finance Act 2007(1) (penalties for errors) applies to the return of contributions referred to in regulation 80(1) (return by employer) as if—
(a)Class 1A contributions were a tax; and
(b)that tax and the return of contributions in relation to it were listed in the table in paragraph 1 of that Schedule.
(1A) That Schedule also applies to decisions made under section 8(1)(c) of the Social Security Contributions (Transfer of Functions, etc) Act 1999 regarding Class 1A contributions and for that purpose a reference in the Schedule to an assessment is to be treated as if it included a reference to a decision and “under-assessment” shall be construed accordingly.
(1B) Paragraphs (6) to (9) do not apply in relation to penalties under paragraphs (1) and (1A).”.
2007 c.11. Schedule 24 was amended in particular by Schedule 40 to the Finance Act 2008 (c.9) and Schedule 57 to the Finance Act 2009 (c.10).
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