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HMRC internal manual

Enquiry Manual

HM Revenue & Customs
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Companies: Quarterly Instalment Payments: Penalties

S.I.98 No 3175 Regulation 13

A penalty under TMA70/S59E(4) can arise where

  • a company, or person acting on its behalf, deliberately or recklessly fails to pay the right amount on a particular instalment date, or
  • a company, or person acting on its behalf, fraudulently or negligently makes a claim for repayment under Regulation 6(2) of the Instalment Regulations.

The penalty is an amount not exceeding twice the amount of interest charged by virtue of Regulation 7 on any unpaid amount in respect of the total liability of the company for its accounting period.

Specific guidance is mentioned at EM8301 (final paragraph).