EM4602 - Penalties: Failure to Make a Return for Pre-SA Years: Tax Geared Penalties - Conditions

TMA70/S93(2) (old)

Penalties under Schedule 55 FA09 for failure to file on time, see CH60000+, apply to income tax and capital gains tax returns for the year ended 5 April 2011 and later years. The returns for the year ended 5 April 2011 are those due to be filed on or before 31 October 2011, or 31 January 2012 if filed electronically.

Where the delay in making the return is substantial, a tax-geared penalty may be imposed. The conditions are

• the failure must have continued beyond the end of the year of assessment following that in which the notice to make the return was served, and
• there must have been a loss (that is, a delayed payment) of tax recoverable only by making an assessment after the end of the year of assessment following the year of service of the notice.

As regards the maximum amount of the penalty, see EM4603.