COM101060 - Penalties: penalty determinations: multiple penalties on a single notice
Penalties for failure to comply with a notice to deliver are imposed by Paras 17 and 18 Schedule 18 FA 1998.
Because a notice can cover more than one return period more than one penalty may be due in respect of the same notice.
Example
A Ltd makes up its accounts for the year to 31/12/2010.
It ceased trading on 30/09/2000 but continued to receive investment income after that date.
| APs | 9 months to 30/09/2010 | 3 months to 31/12/2010 |
|---|---|---|
| Specified period on notice to deliver | 01/01/2010- 31/12/2010 | 01/01/2010 - 31/12/2010 |
| Notice served | 19/01/2011 | 19/01/2011 |
| Returns required by notice | APE 30/09/2010 | APE 31/12/2010 |
| Filing Date | 31/12/2011 | 31/12/2011 |
| Return delivered on | 01/02/2012 | 01/02/2012 |
| Penalties due under | Para 17 Sch 18 FA 1998 | Para 17 Sch 18 FA 1998 |
| Amount of penalty | £100 (Para 14(1)(b) Sch 18 FA 1998) | £100 (Para 14(1)(b) Sch 18 FA 1998) |
The penalties are incurred in respect of the same notice to deliver and would be charged in the same determination.
See COM101011 for legislation applying to this subject.