COM154038 - CT Pay and File APs: penalties for late delivery of returns: legislation
The table below gives a brief explanation of what the legislation relevant to this subject contains.
| Section | Explanation |
| 11 TMA 1970 | Sets out the obligation to make a CT Pay and File return. |
| 11(2) TMA 1970 | Specifies the period for which a CT Pay and File return is required. |
| 11(4) TMA 1970 | Lays down the final day for delivery of a CT Pay and File return. |
| 94 TMA 1970 | Penalties for failure to make a CT Pay and File return. |
| 94(1) TMA 1970 | Imposes flat-rate penalties for late delivery of a CT Pay and File return. |
| 94(3) TMA 1970 | Extends the filing date for a CT Pay and File return period to that allowed under the Companies Act 1985. |
| 94(4) TMA 1970 | Applies the provisions in S94(3) TMA 1970 to companies registered under the Companies (Northern Ireland) Order 1986. |
| 94(5) TMA 1970 | Imposes increased flat-rate penalties for companies delivering a CT Pay and File return late for the third consecutive AP. |
| 94(6) TMA 1970 | Imposes tax-geared for CT Pay and File returns delivered more than 18 months after the company’s return period. |
| 94(7) TMA 1970 | Defines the tax unpaid figure to be used when calculating tax-related penalties for a CT Pay and File return period. |
| 94 (8) TMA 1970 | Restricts / sets the time limit for relief in respect of surplus ACT carried back from later APs, for the purpose of tax-related penalties relating to CT Pay and File return periods. |
| 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, stay proceedings in respect of, or 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) 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 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. |
| 963 CTA 2010 (formerly 102 FA 1989) | Allows the surrender of company tax refunds within groups. |
| 964(2) CTA 2010 (formerly 102(5) FA 1989) | Defines the relevant date to be applied in relation to surrendered company tax refunds. |
| 964(3) CTA 2010 (formerly 102(6) FA 1989) | Restricts the relevant date in S964(2) to the date of the joint notice of surrender for tax-related penalty purposes. |