SCHEDULE 24 FA 2007
Section
97
Amendments made by
Schedule 40 FA 2008 in bold
(omissions without replacement not
shown)
PENALTIES FOR
ERRORS
PART
1
LIABILITY FOR
PENALTY
Error in taxpayer’s document
1 (1) A penalty is payable by
a person (P) where—
(a)
P gives HMRC a document of a kind listed in the Table below,
and
(b)
Conditions 1 and 2 are satisfied.
(2) Condition 1 is that the
document contains an inaccuracy which amounts to, or leads
to—
(a)
an understatement of a
liability to tax,
(b)
a false or inflated statement of a loss, or
(c) a false or inflated
claim to repayment of tax.
(3) Condition 2 is that the
inaccuracy was careless (within the
meaning of paragraph 3) or deliberate on p’s part.
(4) Where a document
contains more than one inaccuracy, a penalty is payable for each
inaccuracy.
Document | |
Income tax
or capital gains tax |
Return
under section 8 of TMA 1970 (personal return). |
Income tax
or capital gains tax |
Return
under section 8A of TMA 1970 (trustee’s
return). |
Income tax
or capital gains tax |
Return,
statement or declaration in connection with a claim for an allowance,
deduction or relief. |
Income tax
or capital gains tax |
Accounts
in connection with ascertaining liability to tax.
|
Income tax
or capital gains tax |
Partnership
return. |
Income tax
or capital gains tax |
Statement
or declaration in connection with a partnership
return. |
Income tax
or capital gains tax |
Accounts
in connection with a partnership return. |
Income
tax |
Return
under section 254 of FA 2004. |
Income
tax |
Return for
the purposes of PAYE regulations. |
Construction industry
deductions |
Return for
the purposes of regulations under section 70(1)(a)of FA 2004 in connection
with deductions on account of tax under the Construction Industry
Scheme. |
Corporation
tax |
Company
tax return under paragraph 3 of Schedule 18 to FA
1998. |
Corporation
tax |
Return,
statement or declaration in connection with a claim for an allowance,
deduction or relief. |
Corporation
tax |
Accounts
in connection with ascertaining liability to
tax. |
VAT |
VAT return
under regulations made under paragraph 2 of Schedule 11 to VATA
1994. |
VAT |
Return,
statement or declaration in connection with a
claim. |
Insurance premium tax
|
Return under regulations under
section 54 of FA 1994. |
Insurance premium tax
|
Return, statement or declaration in
connection with a claim. |
Inheritance tax
|
Account under section 216 or 217 of
IHTA 1984. |
Inheritance tax
|
Information or document under
regulations under section 256 of IHTA
1984. |
Inheritance tax
|
Statement or declaration in
connection with a deduction, exemption or
relief. |
Stamp duty land tax
|
Return under section 76 of FA
2003. |
Stamp duty reserve tax
|
Return under regulations under
section 98 of FA 1986. |
Petroleum revenue
tax |
Return under paragraph 2 of
Schedule 2 to the Oil Taxation Act 1975. |
Petroleum revenue
tax |
Statement or declaration in
connection with a claim under Schedule 5, 6, 7 or 8 to the Oil Taxation
Act 1975. |
Petroleum revenue
tax |
Statement under section 1(1)(a) of
the Petroleum Revenue Tax Act 1980. |
Aggregates
levy |
Return under regulations under
section 25 of FA 2001. |
Climate change levy
|
Return under regulations under
paragraph 41 of Schedule 6 to FA 2000. |
Landfill
tax |
Return under regulations under
section 49 of FA 1996. |
Air passenger
duty |
Return under section 38 of FA
1994. |
Alcoholic liquor
duties |
Return under regulations under
section 13, 49, 56 or 62 of the Alcoholic Liquor Duties Act
1979. |
Alcoholic liquor
duties |
Statement or declaration in
connection with a claim for repayment of duty under section 4(4) of FA
1995. |
Tobacco products
duty |
Return under regulations under
section 7 of the Tobacco Products Duties Act
1979. |
Hydrocarbon oil
duties |
Return under regulations under
section 21 of the Hydrocarbon Oil Duties Act
1979. |
Excise
duties |
Return under regulations under
section 93 of CEMA 1979. |
Excise
duties |
Return under regulations under
section 100G or 100H of CEMA 1979. |
Excise
duties |
Statement or declaration in
connection with a claim. |
General betting
duty |
Return under regulations under
paragraph 2 of Schedule 1 to BGDA 1981. |
Pool betting
duty |
Return under regulations under
paragraph 2A of Schedule 1 to BGDA 1981. |
Bingo
duty |
Return under regulations under
paragraph 9 of Schedule 3 to BGDA 1981. |
Lottery
duty |
Return under regulations under
section 28(2) of FA 1993. |
Gaming
duty |
Return under directions under
paragraph 10 of Schedule 1 to FA 1997. |
Remote gaming
duty |
Return under regulations under
section 26K of BGDA 1981. |
Any of
the taxes mentioned above |
Any
document which is likely to be relied upon by HMRC to determine, without
further inquiry, a question about— (a) P’s liability to
tax, (b) payments by P by way of
or in connection with tax, (c) any other payment
by P (including penalties), or (d) repayments, or any
other kind of payment or credit, to
P. |
Error in taxpayer’s document attributable
to another person
1A (1) A penalty is payable by
a person (T) where—
(a) another person (P) gives HMRC
a document of a kind listed in the Table in paragraph
1,
(b) the document contains a
relevant inaccuracy, and
(c) the inaccuracy was
attributable to T supplying false information to P (whether directly or
indirectly), or to T deliberately withholding information from P, with the
intention of the document containing the
inaccuracy.
(2) A “relevant inaccuracy”
is an inaccuracy which amounts to, or leads to—
(a) an understatement of a
liability to tax,
(b) a false or inflated statement
of a loss, or
(c) a false or inflated
claim to repayment of tax.
(3) A penalty is payable
under this paragraph in respect of an inaccuracy whether or not P is liable to a
penalty under paragraph 1 in respect of the same
inaccuracy.
Under-assessment by HMRC
2 (1) A penalty is payable by
a person (P) where—
(a)
an assessment issued to P by HMRC understates P’s liability to a relevant tax,
and
(b)
P has failed to take reasonable steps to notify HMRC, within the period
of 30 days beginning with the date of the assessment, that it is an
under-assessment.
(2) In deciding what steps
(if any) were reasonable HMRC must consider—
(a)
whether P knew, or should have known, about the underassessment,
and
(b)
what steps would have been reasonable to take to notify
HMRC.
(3) In sub-paragraph (1)
“relevant tax” means any tax mentioned in the Table in paragraph
1
Degrees of culpability
3 (1) For the purposes of a penalty under
paragraph 1, inaccuracy in a document given by P to HMRC
is—
(a)
“careless” if the inaccuracy is due to failure by P to take reasonable
care,
(b)
“deliberate but not concealed” if the inaccuracy is deliberate on P’s part but P does not make
arrangements to conceal it, and
(c) “deliberate and
concealed” if the inaccuracy is deliberate on P’s part and P makes arrangements to
conceal it (for example, by submitting false evidence in support of an
inaccurate figure).
(2) An inaccuracy in a
document given by P to HMRC, which was neither careless nor deliberate on P’s part when the document was
given, is to be treated as careless if P—
(a)
discovered the inaccuracy at some later time, and
(b)
did not take reasonable steps to inform HMRC.
PART 2
AMOUNT OF PENALTY
Standard amount
4 (1) The penalty payable
under paragraph 1 is—
(a)
for careless action, 30% of the potential lost
revenue,
(b)
for deliberate but not concealed action, 70% of the potential lost
revenue, and
(c) for deliberate and
concealed action, 100% of the potential lost revenue.
(1A) The penalty payable under paragraph 1A is
100% of the potential lost revenue.
(2) The penalty payable
under paragraph 2 is 30% of the potential lost revenue.
(3) Paragraphs 5 to 8
define “potential lost revenue”.
Potential lost revenue: normal rule
5 (1) “The potential lost
revenue” in respect of an inaccuracy in a document (including an inaccuracy attributable to a
supply of false information or withholding of information) or a failure to
notify an under-assessment is the additional amount due or payable in respect of
tax as a result of correcting the inaccuracy or
assessment.
(2) The reference in
sub-paragraph (1) to the additional amount due or payable includes a reference
to—
(a)
an amount payable to HMRC having been erroneously paid by way of
repayment of tax, and
(b)
an amount which would have been repayable by HMRC had the inaccuracy or
assessment not been corrected.
(3) In sub-paragraph (1)
“tax” includes national insurance contributions.
(4) The following shall be
ignored in calculating potential lost revenue under this
paragraph—
(b)
section 419(4) of ICTA (close company: relief for loans); (but this
sub-paragraph does not prevent a penalty being charged in respect of an
inaccurate claim for relief).
Potential lost revenue: multiple errors
6 (1) Where P is liable to a
penalty under paragraph 1 in respect
of more than one inaccuracy, and the calculation of potential lost revenue under
paragraph 5 in respect of each inaccuracy depends on the order in which they are
corrected—
(a)
careless inaccuracies shall be taken to be corrected before deliberate
inaccuracies, and
(b)
deliberate but not concealed inaccuracies shall be taken to be corrected
before deliberate and concealed inaccuracies.
(2) In calculating
potential lost revenue where P is liable to a penalty under paragraph 1 in respect of one or
more understatements in one or more documents relating to a tax period, account
shall be taken of any overstatement in any document given by P which relates to
the same tax period.
(a)
“understatement” means an inaccuracy that satisfies Condition 1 of
paragraph 1, and
(b)
“overstatement” means an inaccuracy that does not satisfy that
condition.
(4) For the purposes of
sub-paragraph (2) overstatements shall be set against understatements in the
following order—
(a)
understatements in respect of which P is not liable to a
penalty,
(c) deliberate but not
concealed understatements, and
(d)
deliberate and concealed understatements.
(5) In calculating for the purposes of a penalty under
paragraph 1 potential lost revenue in respect of a document given by or on
behalf of P no account shall be taken of the fact that a potential loss of
revenue from P is or may be balanced by a potential over-payment by another
person (except to the extent that an enactment requires or permits a person’s
tax liability to be adjusted by reference to P’s).
Potential lost revenue: losses
7 (1) Where an inaccuracy has
the result that a loss is wrongly recorded for purposes of direct tax and the
loss has been wholly used to reduce the amount due or payable in respect of tax,
the potential lost revenue is calculated in accordance with paragraph
5.
(2) Where an inaccuracy has
the result that a loss is wrongly recorded for purposes of direct tax and the
loss has not been wholly used to reduce the amount due or payable in respect of
tax, the potential lost revenue is—
(a)
the potential lost revenue calculated in accordance with paragraph 5 in
respect of any part of the loss that has been used to reduce the amount due or
payable in respect of tax, plus
(b)
10% of any part that has not.
(3) Sub-paragraphs (1) and
(2) apply both—
(a)
to a case where no loss would have been recorded but for the inaccuracy,
and
(b)
to a case where a loss of a different amount would have been recorded
(but in that case sub-paragraphs (1) and (2) apply only to the difference
between the amount recorded and the true amount).
(4) Where an inaccuracy has
the effect of creating or increasing an aggregate loss recorded for a group of
companies—
(a)
the potential lost revenue shall be calculated in accordance with this
paragraph, and
(b)
in applying paragraph 5 in accordance with sub-paragraphs (1) and (2)
above, group relief may be taken into account (despite paragraph
5(4)(a)).
(5) The potential lost
revenue in respect of a loss is nil where, because of the nature of the loss or
P’s circumstances, there is no reasonable prospect of the loss being used to
support a claim to reduce a tax liability (of any person).
Potential lost revenue: delayed tax
8 (1) Where an inaccuracy
resulted in an amount of tax being declared later than it should have been (“the
delayed tax”), the potential lost revenue is—
(a)
5% of the delayed tax for each year of the delay,
or
(b)
a percentage of the delayed tax, for each separate period of delay of
less than a year, equating to 5% per year.
(2) This paragraph does not
apply to a case to which paragraph 7 applies.
Reductions for disclosure
9 (A1)Paragraph 10 provides for reductions in
penalties under paragraphs 1, 1A and 2 where a person discloses an inaccuracy, a
supply of false information or withholding of information, or a failure to
disclose an under-assessment.
(b)
giving HMRC reasonable help in quantifying the inaccuracy, the inaccuracy attributable to the supply
of false information or withholding of information, or the
under-assessment, and
(c) allowing HMRC access to
records for the purpose of ensuring that the inaccuracy, the inaccuracy attributable to the supply
of false information or withholding of information, or the
under-assessment is fully corrected.
(a)
is “unprompted” if made at a time when the person making it has no reason
to believe that HMRC have discovered or are about to discover the inaccuracy, the supply of false information or
withholding of information, or the under-assessment,
and
(3) In relation to
disclosure “quality” includes timing, nature and extent.
10 (1) Where a person who
would otherwise be liable to a 30% penalty has made an unprompted disclosure,
HMRC shall reduce the 30% to a percentage (which may be 0%) which reflects the
quality of the disclosure.
(2) Where a person who
would otherwise be liable to a 30% penalty has made a prompted disclosure, HMRC
shall reduce the 30% to a percentage, not below 15%, which reflects the quality
of the disclosure.
(3) Where a person who
would otherwise be liable to a 70% penalty has made an unprompted disclosure,
HMRC shall reduce the 70% to a percentage, not below 20%, which reflects the
quality of the disclosure.
(4) Where a person who
would otherwise be liable to a 70% penalty has made a prompted disclosure, HMRC
shall reduce the 70% to a percentage, not below 35%, which reflects the quality
of the disclosure.
(5) Where a person who
would otherwise be liable to a 100% penalty has made an unprompted disclosure,
HMRC shall reduce the 100% to a percentage, not below 30%, which reflects the
quality of the disclosure.
(6) Where a person who
would otherwise be liable to a 100% penalty has made a prompted disclosure, HMRC
shall reduce the 100% to a percentage, not below 50%, which reflects the quality
of the disclosure.
Special reduction
11 (1) If they think it right
because of special circumstances, HMRC may reduce a penalty under paragraph 1, 1A or 2.
(2) In sub-paragraph (1)
“special circumstances” does not include—
(b)
the fact that a potential loss of revenue from one taxpayer is balanced
by a potential over-payment by another.
(3) In sub-paragraph (1)
the reference to reducing a penalty includes a reference
to—
(b)
agreeing a compromise in relation to proceedings for a penalty.
Interaction with other
penalties and late payment
surcharges
12 (1) The final entry in the
Table in paragraph 1 excludes a document in respect of which a penalty is
payable under section 98 of TMA 1970 (special returns).
(2) The amount of a penalty
for which P is liable under paragraph 1 or 2 in respect of a document relating
to a tax period shall be reduced by the amount of any other penalty incurred by P, or any surcharge for late
payment of tax imposed on P, if the amount of the penalty or surcharge is
determined by reference to the same tax liability.
(3) In the application of
section 97A of TMA 1970 (multiple penalties) no account shall be taken of a
penalty under paragraph 1 or 2.
PART 3
PROCEDURE
Assessment
13 (1) Where a person becomes liable for a
penalty under paragraph 1, 1A or 2
HMRC shall—
(c) state in the notice a
tax period in respect of which the penalty is assessed.
(a)
shall be treated for procedural purposes in the same way as an assessment
to tax (except in respect of a matter expressly provided for by this
Act),
(b)
may be enforced as if it were an assessment to tax,
and
(c) may be combined with an
assessment to tax.
(3) An assessment of a
penalty under paragraph 1 or 1A must
be made before the end of the period
of 12 months beginning with—
(a)
the end of the appeal period for the decision correcting the inaccuracy,
or
(b)
if there is no assessment to the
tax concerned within paragraph (a), the date on which the inaccuracy is
corrected.
(4) An assessment of a
penalty under paragraph 2 must be made before the
end of the period of 12 months beginning with—
(a) the end of the appeal period
for the assessment of tax which corrected the understatement,
or
(b) if there is no assessment
within paragraph (a), the date on which the understatement is
corrected.
(5) For the purpose of
sub-paragraphs (3) and (4) a reference to an appeal period is a reference to the
period during which—
(a)
an appeal could be brought, or
(b)
an appeal that has been brought has not been determined or
withdrawn.
(6) Subject to
sub-paragraphs (3) and (4), a supplementary assessment may be made in respect of
a penalty if an earlier assessment operated by reference to an underestimate of
potential lost revenue.
Suspension
14 (1) HMRC may suspend all or
part of a penalty for a careless inaccuracy under paragraph 1 by notice in
writing to P.
(a)
what part of the penalty is to be suspended,
(b)
a period of suspension not exceeding two years, and
(c) conditions of
suspension to be complied with by P.
(3) HMRC may suspend all or
part of a penalty only if compliance with a condition of suspension would help P
to avoid becoming liable to further penalties under paragraph 1 for careless
inaccuracy.
(4) A condition of
suspension may specify—
(b)
a period within which it must be taken.
(5) On the expiry of the
period of suspension—
(a)
if P satisfies HMRC that the conditions of suspension have been complied
with, the suspended penalty or part is cancelled, and
(b)
otherwise, the suspended penalty or part becomes
payable.
(6) If, during the period
of suspension of all or part of a penalty under paragraph 1, P becomes liable
for another penalty under that paragraph, the suspended penalty or part becomes
payable.
Appeal
15 (1) A person may appeal against a decision
of HMRC that a penalty is payable by the
person.
(2) A person may appeal against a decision
of HMRC as to the amount of a penalty payable by the person.
(3) A person may appeal against a decision
of HMRC not to suspend a penalty payable by the person.
(4) A person may appeal against a decision
of HMRC setting conditions of suspension of a penalty payable by the person.
16 (1) An appeal is to be
brought to the First-tier tribunal.
17 (1) On an appeal under
paragraph 15(1) the appellate tribunal may affirm or cancel HMRC’s
decision.
(2) On an appeal under
paragraph 15(2) the appellate tribunal may—
(a)
affirm HMRC’s decision, or
(b)
substitute for HMRC’s decision another decision that HMRC had power to
make.
(3) If the appellate
tribunal substitutes its decision for HMRC’s, the appellate tribunal may rely on
paragraph 11—
(a)
to the same extent as HMRC (which may mean applying the same percentage
reduction as HMRC to a different starting point), or
(b)
to a different extent, but only if the appellate tribunal thinks that
HMRC’s decision in respect of the application of paragraph 11 was
flawed.
(4) On an appeal under
paragraph 15(3)—
(a)
the appellate tribunal may order HMRC to suspend the penalty only if it
thinks that HMRC’s decision not to suspend was flawed, and
(b)
if the appellate tribunal orders HMRC to suspend the
penalty—
(i) P may appeal to
the appellate tribunal against a provision of the notice of suspension,
and
(ii) the appellate
tribunal may order HMRC to amend the notice.
(5) On an appeal under
paragraph 15(4) the appellate tribunal—
(a)
may affirm the conditions of suspension, or
(b)
may vary the conditions of suspension, but only if the appellate tribunal
thinks that HMRC’s decision in respect of the conditions was
flawed.
(6) In sub-paragraphs
(3)(b), (4)(a) and (5)(b) “flawed” means flawed when considered in the light of
the principles applicable in proceedings for judicial
review.
(7) Paragraph 14 (see in
particular paragraph 14(3)) is subject to the possibility of an order under this
paragraph.
PART 4
MISCELLANEOUS
Agency
18 (1) P is liable under
paragraph 1(1)(a) where a document which contains a careless inaccuracy (within
the meaning of paragraph 3) is given to HMRC on P’s
behalf.
(2) In paragraph 2(1)(b)
and (2)(a) a reference to P includes a reference to a person who acts on P’s
behalf in relation to tax.
(3) Despite sub-paragraphs
(1) and (2), P is not liable to a penalty under paragraph 1 or 2 in respect of
anything done or omitted by P’s agent where P satisfies HMRC that P took
reasonable care to avoid inaccuracy (in relation to paragraph 1) or unreasonable
failure (in relation to paragraph 2).
(4) In paragraph 3(1)(a)
(whether in its application to a document given by P or, by virtue of
sub-paragraph (1) above, in its application to a document given on P’s behalf) a
reference to P includes a reference to a person who acts on P’s behalf in
relation to tax.
(5) In paragraph 3(2) a
reference to P includes a reference to a person who acts on P’s behalf in
relation to tax.
Companies: officers’ liability
19 (1) Where a penalty under
paragraph 1 is payable by a company for a deliberate inaccuracy which was
attributable to an officer of the
company, the officer is liable to pay such portion of the penalty (which may be
100%) as HMRC may specify by written notice to the
officer.
(2) Sub-paragraph (1) does
not allow HMRC to recover more than 100% of a penalty.
(3) In the application of
sub-paragraph (1) to a body corporate “officer” means—
(a)
a director (including a shadow director within the meaning of section 251
of the Companies Act 2006 (c. 46)), or
(4) In the application of
sub-paragraph (1) in any other case “officer” means—
(d)
any other person managing or purporting to manage any of the company’s
affairs.
(a) paragraph 11 applies to the
specified portion as to a penalty,
(b) the officer must pay the
specified portion before the end of the period of 30 days beginning with the day
on which the notice is given,
(c) paragraph 13(2), (3)
and (5) apply as if the notice were an assessment of a penalty,
(d) a further notice may be given
in respect of a portion of any additional amount assessed in a supplementary
assessment in respect of the penalty under paragraph 13(6),
(e) paragraphs 15(1) and
(2), 16 and 17(1) to (3) and (6) apply as if HMRC had decided that a penalty of
the amount of the specified portion is payable by the officer, and
(f) paragraph 21 applies as
if the officer were liable to a penalty.
Partnerships
20 (1) This paragraph applies
where P is liable to a penalty under paragraph 1 for an inaccuracy in or in
connection with a partnership return.
(2) Where the inaccuracy
affects the amount of tax due or payable by a partner of P, the partner is also
liable to a penalty (“a partner’s penalty”).
(3) Paragraphs 4 to 13 and
19 shall apply in relation to a partner’s penalty (for which purpose a reference
to P shall be taken as a reference to the partner).
(4) Potential lost revenue
shall be calculated separately for the purpose of P’s penalty and any partner’s
penalty, by reference to the proportions of any tax liability that would be
borne by each partner.
(5) Paragraph 14 shall
apply jointly to P’s penalty and any partner’s penalties.
(6) P may bring an appeal
under paragraph 15 in respect of a partner’s penalty (in addition to any appeal
that P may bring in connection with the penalty for which P is
liable).
Double jeopardy
21
A person is not liable to a
penalty under paragraph 1, 1A or 2
in respect of an inaccuracy or failure in respect of which the person has been convicted of an
offence.
PART 5
GENERAL
Interpretation
22
Paragraphs 23 to 27 apply for
the construction of this Schedule.
23
HMRC means Her Majesty’s Revenue and Customs.
23A
“Tax”, without more, includes duty.
24
An expression used in relation to income tax has the same meaning as in
the Income Tax Acts.
25
An expression used in relation to corporation tax has the same meaning as
in the Corporation Tax Acts.
26
An expression used in relation to capital gains tax has the same meaning
as in the enactments relating to that tax.
27
An expression used in relation to VAT has the same meaning as in VATA
1994.
(a)
a reference to corporation tax includes a reference to tax or duty which
by virtue of an enactment is assessable or chargeable as if it were corporation
tax,
(b)
a reference to tax includes a reference to construction industry
deductions under Chapter 3 of Part 3 of FA 2004,
(d) a reference to understating
liability to VAT includes a reference to overstating entitlement to a VAT
credit,
(da)
references to an assessment to tax, in relation to inheritance tax, means
a determination,
(e) a reference to a loss
includes a reference to a charge, expense, deficit and any other amount which
may be available for, or relied on to claim, a deduction or
relief,
(f) a reference to
repayment of tax includes a reference to allowing a credit against tax or to a payment of a
corporation tax credit,
(fa)
corporation tax credit” means—
(i) a R&D tax
credit under Schedule 20 to FA 2000,
(ii) a land
remediation tax credit or life assurance company tax credit under Schedule 22 to
FA 2001,
(iii) a tax credit
under Schedule 13 to FA 2002 (vaccine research
etc),
(iv) a film tax credit
under Schedule 5 to FA 2006, or
(v) a first-year tax
credit under Schedule A1 to CAA 2001,
(g) “tax period” means a
tax year, accounting period or other period in respect of which tax is
charged,
(h)
a reference to giving a document to HMRC includes a reference to
communicating information to HMRC in any form and by any method (whether by
post, fax, email, telephone or otherwise),
(i) a reference to
giving a document to HMRC includes a reference to making a statement or
declaration in a document,
(j) a reference to making a
return or doing anything in relation to a return includes a reference to
amending a return or doing anything in relation to an amended return,
and
(k)
a reference to action includes a reference to
omission.
Consequential amendments
29
The following provisions are omitted—
(a)
sections 95, 95A, 97 and 98A(4) of TMA 1970 (incorrect returns and
accounts),
(b)
sections 100A(1) and 103(2) of TMA 1970 (deceased
persons),
(c) in Schedule 18 to FA
1998 (company tax returns), paragraphs 20 and 89 (company tax returns),
and
(d)
sections 60, 61, 63 and 64 of VATA 1994 (evasion).
30
In paragraph 7 of Schedule 1 to the Social Security Contributions and
Benefits Act 1992 (c. 4) (penalties) a reference to a provision of TMA 1970
shall be construed as a reference to this Schedule so far as is necessary to
preserve its effect.
31
In paragraph 7 of Schedule 1 to the Social Security Contributions and
Benefits (Northern Ireland) Act 1992 (c. 7) (penalties) a reference to a
provision of TMA 1970 shall be construed as a reference to this Schedule so far
as is necessary to preserve its effect.
FURTHER PROVISIONS SPECIFICALLY OMITTED
BY SCHEDULE 40 FA 2008
Sch 24 2007 as
amended bySch 40 FA 2008
20
In consequence of this Schedule (sch40 FA 08) the following provisions
are omitted—
(a) paragraphs 8 and 9 of
Schedule 2 to OTA 1975,
(b) in section 1(3B) of the
Petroleum Revenue Tax Act 1980, “, 8 and 9”
(c) in IHTA
1984—
(i) section 247(1)
and (2),
(ii) in section 248,
in subsection (1), “account,” and “delivered,” (in both places) and, in
subsection (2), “under section 247 above”, and
(iii) section
250(2),
(d) in FA
1994—
(i) section 8,
and
(ii) paragraphs 12 and
13 of Schedule 7,
(e) paragraphs 18 to 20 of
Schedule 5 to FA 1996,
(f) paragraphs 83ZA(4) and
(5), 83F, 83L, 83R and 83X of Schedule 18 to FA 1998,
(g) section 108(2)(a) of FA
1999,
(h) paragraphs 98 to 100 of
Schedule 6 to FA 2000,
(i) in Schedule 6 to FA
2001, paragraphs 7 to 9, and in paragraph 9A(5), paragraph (b) and the “or”
before it,
(j) section 133(2) to (4)
of FA 2002,
(k) in FA
2003—
(i) section 192(8),
and
(ii) paragraph 8 of
Schedule 10 to FA 2003, and
(l) section 295(4)(a) of FA
2004.