EM4616 - Penalties: Failure to Make a Return - Companies: Companies

CTSA: CT & CTA10/S455: APs ending on or after 10/07/99

Detailed guidance is in the Company Taxation Manual at CTM94000+.

TMA70/S94 as it applied for these APs provided penalties as follows

S94(1): a fixed penalty of £100 if the return was delivered within 3 months of the filing date, or £200 if later than that. However,
S94(5) increased that £100 to £500 and that £200 to £1,000 where the company was failing with the third or more consecutive return.
S94(6): an additional fixed tax-geared penalty where the failure continued beyond 18 months after the end of the AP, that is
Where the return was delivered between 18 months and two years after the end of the AP, 10% of the amount of tax that was unpaid at that 18-month point.
Where the return was delivered more than 2 years after the end of the AP, 20% of the amount of tax that was unpaid at that 18-month point.

All of these penalties are of the fixed-amount type. None is to be abated. TMA70/S100B(2)(a).

The previous version of S94 applied.

Should you encounter such a case, approach contact link.

Throughout, the penalties applicable to these returns are those in TMA70/S98. See EM4900+.