COM100013 - Penalties: late delivery of returns: legislation
The table below gives a brief explanation of what the legislation relevant to this subject contains.
Section | Explanation |
94(4) Taxes Management Act (TMA) 1970 | Applies the provisions in S94(3) TMA 1970 to companies registered under the Companies (Northern Ireland) Order 1986. |
100 TMA 1970 | With a couple of exceptions, an authorised Officer of the Board may, subject to the content of S100(2), make a penalty determination, under any provision of the Taxes Acts. |
100(6) TMA 1970 | An authorised Officer of the Board may revise a tax-related penalty determination if it has become excessive. |
102 TMA 1970 | The Board’s authority to mitigate or stay proceedings in respect of any penalty or to remit any penalty. |
118(2) TMA 1970 | Allows a reasonable excuse for a company not doing anything required to be done. |
442 Companies Act 2006 | Contains the requirements for delivery of accounts and reports to the Registrar. |
1050 Companies Act 2006 | Sets the requirements for delivery of accounts and reports to the Registrar in respect of credit or financial institutions, registered outside the UK and Gibraltar, with a permanent establishment in the UK. |
1049 Companies Act 2006 | Sets the requirements for delivery of accounts and reports to the Registrar by overseas companies. |
7(2) Income and Corporation Tax Act (ICTA) 1988 | Allows relief for Income Tax paid by a company against its CT liability. |
11(3) ICTA 1988 | Allows relief for Income Tax paid by non-resident companies against chargeable CT. |
458 Corporation Tax Act (CTA) 2010 | Applies a restriction to when relief may be given in respect of repayment, release or write off, of a loan to a participator. |
S963 CTA 2010 (formerly S102 FA 1989) | Allows the surrender of company tax refunds within groups. |
S964(2) CTA 2010 (formerly S102(5) FA 1989) | Defines the relevant date to be applied in relation to surrendered company tax refunds. |
S964(3) CTA 2010 (formerly S102(6) Finance Act (FA) 1989) | Restricts the relevant date in S964(2) to the date of the joint notice of surrender for tax-related penalty purposes. |
Para 3 Sch 18 FA 1998 | Specifies the form and content of the return to be submitted for CT purposes. |
Para 5 Sch 18 FA 1998 | Specifies the period for which a return is required. |
Para 14(1) Sch 18 FA 1998 | Specifies the filing date for a return. |
Para 17 Sch 18 FA 1998 | Imposes flat-rate penalties for failure to deliver a return. |
Para 17(3) Sch 18 FA 1998 | Imposes increased flat-rate penalties for companies delivering a return late for the third consecutive AP. |
Para 18 Sch 18 FA 1998 | Imposes tax-related penalties for failure to deliver a return. |
Para 18(3) Sch 18 FA 1998 | Defines the tax unpaid figure to be used when calculating tax-related penalties for a return period. |
Para 18(4) Sch 18 FA 1998 | Includes in the tax unpaid figure for an AP any S458 relief deferred under S458(5) CTA 2010. |
Para 19 Sch 18 FA 1998 | Extends the filing date for a return period to that allowed under the Companies Act 1985. |