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HMRC internal manual

COTAX Manual

From
HM Revenue & Customs
Updated
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Penalties: penalty determinations: legislation

The following legislation is relevant to the making of penalty determinations. The table below gives a brief explanation of what the legislation contains.

Section Explanation
   
50(6) to (8) TMA 1970 Tribunal powers to deal with appeals against assessments, claims and elections.
55 TMA 1970 Provisions for recovery of tax not subject to a postponement application.
87A TMA 1970 Enables the charging of interest on overdue CT.
96 TMA 1970 Penalties for submission of incorrect returns or accounts.
97A TMA 1970 Restricts the maximum penalty imposed when a company has incurred multiple tax-related penalties, for the same AP.
100 TMA 1970 Authority for an ‘Officer of the Board’ to make penalty determinations, under any provision of the Taxes Acts.
100(5) TMA 1970 Authority to make a further penalty determination when the original is discovered to be insufficient.
100(6) TMA 1970 Requirement to reduce a tax-related penalty determination when the amount of tax taken into account is discovered to be, or to have become, excessive.
100B TMA 1970 Tribunal powers to deal with appeals against penalty determinations.
100B(2) TMA 1970 Specific Tribunal powers to settle appeals against penalty determinations.
103(1)(a) and (b) TMA 1970 A tax-related penalty can be determined or proceedings commenced at the later of six years after the date on which the penalty was incurred or three years after the final determination of the amount of tax on which a tax-related penalty is based.
103(4) TMA 1970 A flat-rate penalty can be determined or proceedings for the penalty commenced at any time within 6 years after the date on which the penalty was incurred.
102 FA 1989 Allows the surrenders of company tax refunds within groups.
102(6) FA 1989 Restricts the relevant date in S102(5) to the date of the joint notice of surrender for tax-related penalty purposes.
Para 3 Sch 18 FA 1998 Power to issue a notice requiring a CT return, specifying a period ended after 30 June 1999.
Para 5 Sch 18 FA 1998 Specifies the period for which a return is required.
Para 17 Sch 18 FA 1998 Specifies the flat-rate penalties for failure to deliver a return.
Para 18 Sch 18 FA 1998 Specifies the tax-related penalties for failure to deliver a return.
Para 20 Sch 18 FA 1998 Enables the charging of penalties for incorrect or uncorrected returns.