(1) The following, namely— (a) any amount on account of income tax which becomes due and payable in accordance with section 59A(2) of this Act, and (b) any income tax or capital gains tax which becomes due and payable in accordance with section 55 or 59B of this Act, shall carry interest at the rate applicable under section 178 of the Finance Act 1989 from the relevant date until payment. (2) For the purposes of subsection (1)(a) above the relevant date is whichever of the dates mentioned in section 59A(2) of this Act is applicable; and for the purposes of subsection (1)(b) above the relevant date is— (a) in any such case as is mentioned in subsection (3) of section 59B of this Act, the last day of the period of three months mentioned in that subsection; and (b) in any other case, the date mentioned in subsection (4) of that section. (3) Subsection (1) above applies even if the relevant date is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882. (4) Subsection (5) below applies where as regards a year of assessment— (a) any person makes a claim under subsection (3) or (4) of section 59A of this Act in respect of the amounts (the section 59A amounts) payable by him in accordance with subsection (2) of that section, and (b) an amount (the section 59B amount) becomes payable by him (i) in accordance with section 59B(3), (4) or (5) of this Act or (ii) in accordance with section 59B(6) of this Act in respect of income tax assessed under section 29 of this Act. (5) Interest shall be payable under this section as if each of the section 59A amounts had been equal to— (a) the aggregate of that amount and 50 per cent. of the section 59B amount, or (b) the amount which would have been payable in accordance with subsection (2) of section 59A of this Act if the claim under subsection (3) or (4) of that section had not been made, whichever is the less. (6) In determining for the purposes of subsections (4) and (5) above what amount (if any) is payable by any person in accordance with section 59B(3), (4) or (5) of this Act or, in respect of income tax assessed under section 29 of this Act, in accordance with section 59B(6) of this Act— (a) it shall be assumed that both of the section 59A amounts have been paid, and (b) no account shall be taken of any amount which has been paid on account otherwise than under section 59A(2) of this Act or is payable by way of capital gains tax. (7) Subsection (8) below applies where as regards any person and a year of assessment— (a) amounts (the section 59A amounts) become payable by him in accordance with section 59A(2) of this Act, and (b) an amount (the section 59B amount) becomes repayable to him in accordance with section 59B (3), (4) or (5) of this Act. (8) So much of any interest payable under this section on either of the section 59A amounts as is not attributable to the amount by which that amount exceeds 50 per cent. of the section 59B amount shall be remitted. (9) In determining for the purposes of subsections (7) and (8) above what amount (if any) is repayable to any person in accordance with section 59B(3), (4) or (5) of this Act, no account shall be taken of any amount which has been paid on account otherwise than under section 59A(2) of this Act or is payable by way of capital gains tax.

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86A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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87 Interest on overdue income tax deducted at source

(1) Income tax which is assessable under Chapter 15 of Part 15 of ITA 2007 carries interest at the rate applicable under section 178 of the Finance Act 1989 from the date when it was due under section 951 of ITA 2007 until payment. (2) Subsection (1) applies— (a) whether or not an assessment is made, and (b) whether or not income tax which is assessed has been paid when the assessment is made. (3) Subsection (1) applies even if the date when the income tax should have been paid is a non-business day as defined by section 92 of the Bills of Exchange Act 1882. (4) Subsection (5) applies to any income tax which— (a) was payable under Chapter 15 of Part 15 of ITA 2007 (collection: deposit-takers, building societies and certain companies) in respect of payments within section 946 of that Act made in a return period, (b) was not paid on the date when it was due under section 951 of that Act, and (c) has subsequently been discharged or repaid under section 953 of that Act because the person who made the payments received payments on which it suffered income tax by deduction in a later return period. (5) The income tax carries interest under subsection (1) from the date when it was due under section 951 of ITA 2007 until the earliest of— (a) the date when the income tax was paid, (b) the date when the person delivered a return for the later return period, and (c) the expiry of 14 days after the end of that period, but subsection (1) does not otherwise apply to the income tax. (6) In this section “return period” means a period for which a return is required to be made under Chapter 15 of Part 15 of ITA 2007.

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87A Interest on overdue corporation tax etc.

(1) Corporation tax shall carry interest at the rate applicable under section 178 of the Finance Act 1989 from the date when the tax becomes due and payable (in accordance with section 59D of this Act) until payment. (2) Subsection (1) above applies even if the date when the tax becomes due and payable (as mentioned in that subsection) is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882. (3) In relation to corporation tax assessed or treated as assessed by virtue of section 346(2) or 347(1) of the principal Act, 137(4), 139(7) or 190 ... of the 1992 Act ... paragraph 75A(2) of Schedule 18 to the Finance Act 1998, ... paragraph 69 of Schedule 29 to the Finance Act 2002 or Chapter 7 of Part 22 of CTA 2010 (which enable unpaid corporation tax assessed on a company to be assessed on other persons in certain circumstances), the reference in subsection (1) above to the date when the tax becomes due and payable is a reference to the date when it became due and payable by the company. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4A) In a case where— (a) there is for an accounting period of a company (“the later period”) a non-trading deficit on the company’s loan relationships, (b) as a result of a claim under section 389(1) or 459(1)(b) of CTA 2009 the whole or part of the deficit for the later period is set off against profits of an earlier accounting period (“the earlier period”), and (c) if the claim had not been made, there would be an amount or, as the case may be, an additional amount of corporation tax for the earlier period which would carry interest in accordance with this section, then, for the purposes of the determination at any time of whether any interest is payable under this section or of the amount of interest so payable, the amount mentioned in paragraph (c) above shall be taken to be an amount of unpaid corporation tax for the earlier period except so far as concerns interest for any time after the date on which any corporation tax for the later period became (or, as the case may be, would have become) due and payable as mentioned in subsection (8) below. (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In any case where— (a) on a claim under section 37 of CTA 2010, the whole or any part of a loss incurred in an accounting period (“the later period”) has been relieved (whether under that section or section 42 of that Act) for the purposes of corporation tax against profits of a preceding accounting period (“the earlier period”); (b) the earlier period does not fall wholly within the period of twelve months immediately preceding the later period; and (c) if the claim had not been made, there would be an amount or, as the case may be, an additional amount of corporation tax for the earlier period which would carry interest in accordance with this section, then, for the purposes of the determination at any time of whether any interest is payable under this section or of the amount of interest so payable, the amount mentioned in paragraph (c) above shall be taken to be an amount of unpaid corporation tax for the earlier period except so far as concerns interest for any time after the date on which any corporation tax for the later period became (or, as the case may be, would have become) due and payable as mentioned in subsection (8) below. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) In subsections (4), (4A) and (6) above, any reference to the date on which corporation tax for an accounting period became, or would have become, due and payable shall be construed on the basis that corporation tax for an accounting period becomes due and payable on the day following the expiry of nine months from the end of the accounting period. (9) The power conferred by section 59E of this Act (alteration of date on which corporation tax becomes due and payable) does not include power to make provision in relation to subsection (4), (4A), (6) or (8) above the effect of which would be to change the meaning of references in subsection (4), (4A) or (6) above to the date on which corporation tax for an accounting period became, or would have become, due and payable (as mentioned in subsection (8) above).

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88 Interest on tax recovered to make good loss due to taxpayer’s fault.

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88A Determinations under section 88.

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89 The prescribed rate of interest.

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90 Interest on tax payable gross

(1) Interest payable under this Part of this Act (a) shall be paid without any deduction of income tax ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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91 Effect on interest of reliefs.

(1) Where any amount of interest is payable under section 86 ... of this Act in relation to an assessment, and relief from tax charged by the assessment is given to any person by a discharge of any of that tax, such adjustment shall be made of the said amount, and such repayment shall be made of any amounts previously paid under that section in relation to the assessment, as are necessary to secure that the total sum, if any, paid or payable under that section in relation to the assessment is the same as it would have been if the tax discharged had never been charged. (1A) Where interest is payable under section 87A of this Act in respect of an amount of corporation tax for an accounting period, and relief from tax is given by a discharge of any of that corporation tax— (a) such adjustment shall be made of the amount of interest payable under that section in respect of corporation tax for that accounting period, and (b) such repayment shall be made of any amounts of interest previously paid under that section in respect of that corporation tax, as are necessary to secure that the total sum (if any) paid or payable under that section in respect of corporation tax for that accounting period is the same as it would have been if the tax discharged had never been charged. (1B) Subsection (1A) above has effect subject to section 87A(4), (4A), (4B), (6) and (7) of this Act. (2) Subject to subsection (2A) below Where relief from tax ... paid for any chargeable period is given to any person by repayment, he shall be entitled to require that the amount repaid shall be treated for the purposes of this section, so far as it will go, as if it were a discharge of the tax charged on him (whether alone or together with other persons) by or by virtue of any assessment for or relating to the same chargeable period, so, however, that it shall not be applied to any assessment made after the relief was given and that it shall not be applied to more than one assessment so as to reduce, without extinguishing, the amount of tax charged thereby. (2A) In any case where— (a) relief from corporation tax is given to any person by repayment, and (b) that tax was paid for an accounting period ending after the day which is the appointed day for the purposes of section 10 of the principal Act, that person shall be entitled to require that the amount repaid shall be treated for the purposes of this section, so far as it will go, as if it were a discharge of the corporation tax charged on him for that period. (3) Notwithstanding anything in the preceding provisions of this section, no relief, whether given by way of discharge or repayment, shall be treated for the purposes of this section as— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) affecting tax charged by any assessment to income tax made under Schedule A or Schedule D if either— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) it arises in connection with income taxable otherwise than under Schedule A or Schedule D, or (iii) it relates to a source income from which is taxable otherwise than under Schedule A or Schedule D or (c) affecting tax charged at a rate other than the basic rate, the Scottish basic rate, a Scottish rate below the Scottish basic rate, the Scottish intermediate rate, the Welsh basic rate, the savings nil rate or the starting rate for savings on income from which tax has been deducted (otherwise than under PAYE regulations) or is treated as having been deducted, unless it is a relief from the tax so charged. (4) For the purposes of this section a relief from corporation tax or capital gains tax shall not be treated as affecting tax charged by any assessment unless the assessment is to the same tax .

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91A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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92 Remission in certain cases of interest on tax in arrear by reason of exchange restrictions.

(1) The provisions of this section shall have effect where the Board are satisfied as respects any tax carrying interest under section 86 of this Act— (a) that the tax is in respect of income or chargeable gains arising in a country outside the United Kingdom, and (b) that, as the result of action of the government of that country, it is impossible for the income or gains to be remitted to the United Kingdom, and (c) that having regard to the matters aforesaid and to all the other circumstances of the case it is reasonable that the tax should for the time being remain uncollected, and the Board allow the tax to remain uncollected accordingly. (2) Interest on the said tax shall, subject to subsection (3) below, cease to run under the said section 86 as from the date on which the Board were first in possession of the information necessary to enable them to be satisfied as aforesaid and, if the said date is not later than three months from the time when the tax became due and payable, the interest thereon under the said section 86 in respect of the period before the said date shall be remitted. (3) Where, under subsection (2) above, interest has ceased to run on any tax and thereafter demand is made by the collector or other proper officer for payment of all or any of that tax, interest under the said section 86 shall again begin to run from the date of the demand in respect of the amount demanded: Provided that where all or any part of the amount demanded is paid not later than three months from the date of the demand, the interest under the said section 86 on the amount so paid running from the date of the demand shall be remitted.

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93 Failure to make return for income tax and capital gains tax.

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93A Failure to make partnership return.

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94 Failure to make return for corporation tax.

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95 Incorrect return or accounts for income tax or capital gains tax.

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95A Incorrect partnership return or accounts.

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96 Incorrect return or accounts for corporation tax.

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97 Incorrect return or accounts: supplemental.

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97AA Failure to produce documents under section 19A.

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97A Two or more tax-geared penalties in respect of the same tax.

Where two or more penalties— (a) are incurred by any person and fall to be determined by reference to any income tax or capital gains tax with which he is chargeable for a year of assessment; ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . each penalty after the first shall be so reduced that the aggregate amount of the penalties, so far as determined by reference to any particular part of the tax, does not exceed whichever is or, but for this section, would be the greater or greatest of them, so far as so determined.

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98 Special returns, etc.

(1) Subject to the provisions of this section and section 98A below, where any person— (a) has been required, by a notice served under or for the purposes of any of the provisions specified in the first column of the Table below, to deliver any return or other document, to furnish any particulars, to produce any document, or to make anything available for inspection, and he fails to comply with the notice, or (b) fails to furnish any information, give any certificate or produce any document or record in accordance with any of the provisions specified in the second column of the Table below, he shall be liable, subject to subsections (3) and (4) below— (i) to a penalty not exceeding £300, and (ii) if the failure continues after a penalty is imposed under paragraph (i) above, to a further penalty or penalties not exceeding £60 for each day on which the failure continues after the day on which the penalty under paragraph (i) above was imposed (but excluding any day for which a penalty under this paragraph has already been imposed). (2) Subject to section 98A below, where a person fraudulently or negligently furnishes, gives, produces or makes any incorrect information, certificate, document, record or declaration of a kind mentioned in any of the provisions specified in either column of the Table below, he shall be liable to a penalty not exceeding £3000. (3) No penalty shall be imposed under subsection (1) above in respect of a failure within paragraph (a) of that subsection at any time after the failure has been remedied. (4) No penalty shall be imposed under paragraph (ii) of subsection (1) above in respect of a failure within paragraph (b) of that subsection at any time after the failure has been remedied. (4A) If— (a) a failure to comply with Chapter 15 or 16 of Part 15 of ITA 2007 arises from a person’s failure to deliver an account, or show the amount, of a payment, and (b) the payment is within subsection (4B) , (4D) ... or (4E) below, subsection (1) above shall have effect as if for “£300” there were substituted “£3,000” and as if for “£60” there were substituted “£600”. (4B) A payment is within this subsection if— (a) the payment is made by a company, local authority or qualifying partnership (within the meaning of section 932 of ITA 2007) without an amount representing income tax on the payment being deducted from it, (b) at the time the payment is made, the company, authority or partnership— (i) does not believe that the payment is an excepted payment for the purposes of Chapter 11 of Part 15 of ITA 2007 (payments between companies etc: exception from duties to deduct), or (ii) if it does so believe, cannot reasonably do so, (c) the payment is one from which tax is deductible under Part 15 of ITA 2007 unless the company, authority or partnership reasonably believes that it is an excepted payment for the purposes of Chapter 11 of that Part, and (d) the payment is not an excepted payment at the time the payment is made. (4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4D) A payment is within this subsection if— (a) it is a payment from which a sum representing income tax must be deducted under Chapter 6 (deduction from annual payments and patent royalties) or 7 (deduction from other payments connected with intellectual property) of Part 15 of ITA 2007, (b) a company, purporting to rely on section 911 of that Act (double taxation arrangements: deduction at treaty rate), deducts less from the payment than required by those Chapters, and (c) at the time the payment is made the payee (as defined in section 913 of that Act) is not entitled to relief under double taxation arrangements (as defined in section 1023 of that Act) and the company— (i) does not believe that it is entitled to such relief, or (ii) if it does so believe, cannot reasonably do so. (4DA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4E) A payment is within this subsection if— (a) it is an interest distribution made to a unit holder by the trustees of an authorised unit trust, (b) the trustees, in purported reliance on the reputable intermediary condition being fulfilled with respect to the unit holder, do not comply with the obligation under section 874 of ITA 2007 to make a deduction from the interest distribution, (c) that obligation would apply if that condition were not so fulfilled, and (d) the trustees did not believe that the unit holder was not ... resident in the United Kingdom or could not reasonably have so believed (so that that condition was not so fulfilled). Expressions used in this subsection have the same meaning as in regulations made under section 17(3) of the Finance (No. 2) Act 2005 (as at 1st April 2006, see the Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964)). (4F) If a person fails to furnish any information or produce any document or record in accordance with regulations under section 716B of ITEPA 2003, subsection (1) has effect as if— (a) for “£300” there were substituted “ £3,000 ”, and (b) for “£60” there were substituted “ £600 ”. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TABLE 1. | 2. Part III of this Act, . . . | section 12ABZA(3) of this Act regulations under section 59E of this Act; | section 12ADA of this Act . . . | In the principal Act— . . . | . . . In the principal Act— | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | ... . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . section 310(4) and (5); | . . . . . . | section 310(1), (2), (2A) and (3); regulations under section 333; | . . . . . . | . . . . . . | Regulations under section 333; . . . | . . . . . . | . . . . . . | section 375(5); . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | section 552; . . . | regulations under section 552ZA(6); . . . | regulations under section 552ZB; . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | regulations under paragraph 7 of Schedule 14; . . . | Schedule 15, paragraph 14(4); . . . | . . . . . . | . . . . . . | . . . . . . | Regulations under section 151 of the 1992 Act. . . . | Sections ... ... 45G(4) and (5) ... , 45R(5) and (6), 118 to 120, 145(2) and (3) and 203 of the Capital Allowances Act . . . | Regulations 16 and 17 of the Income Tax (Interest Relief) Regulations 1982. . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . . . . | . . . Regulations under section 151 of the 1992 Act. | paragraph 12 of Schedule 4ZA to the 1992 Act Paragraph 2(9) of Schedule 1 to the 1992 Act. | Paragraphs 2 to 6 of Schedule 5A to the 1992 Act. . . . | regulations under section 73 of the Finance Act 1995; Section 98 of the 1992 Act. | . . . . . . | . . . . . . | . . . . . . | . . . . . . | paragraph 64 or 65 of Schedule 15 to the Finance Act 2000 [Section 73 of the Finance Act 1989 ] | Paragraph 93(2) of Schedule 22 to the Finance Act 2000 . . . | Paragraph 129 of Schedule 22 to the Finance Act 2000 . . . | paragraph 6 of Schedule 34 to the Finance Act 2002 . . . | . . . . . . | . . . Paragraph 1(7) of Schedule 1 to the 1992 Act. | . . . . . . | . . . . . . | Regulations under section 589 of ITEPA 2003. . . . | Regulations under section 715 of ITEPA 2003. . . . | Regulations under section 716B of ITEPA 2003. paragraph 66 of Schedule 15 to the Finance Act 2000 | PAYE regulations. . . . | . . . paragraph 10 of Schedule 34 to the Finance Act 2002 | . . . . . . | Regulations under section 65(2), 69(1), 70(1)(a) or (c) or 71 of the Finance Act 2004. . . . | regulations under section 251(1)(a) or (4) of the Finance Act 2004; Section 421J(4) of ITEPA 2003. | Section 75(4) of ITTOIA 2005. . . . | Regulations under Chapter 3 of Part 6 of ITTOIA 2005. Regulations under section 715 of ITEPA 2003. | section 37(3) of the Finance Act 2005; Paragraph 93 of Schedule 2 to ITEPA 2003. | section 37(6) of the Finance Act 2005; Paragraph 45 of Schedule 3 to ITEPA 2003. | Section 106 of FA 2006 as modified by Schedule 17 to that Act. Paragraph 33 of Schedule 4 to ITEPA 2003. | Section 116 of FA 2006. Paragraph 51 of Schedule 5 to ITEPA 2003. | Regulations under section 116 of FA 2006. . . . | . . . Regulations under section 70(3) of the Finance Act 2004. | Section 130 of FA 2006. . . . | sections 240 and 241 of ITA 2007; . . . | sections 257GE and 257GF of ITA 2007; . . . | sections 257SE and 257SF of ITA 2007; . . . | section 271(1) of ITA 2007; section 401B of ITTOIA 2005. | regulations under Chapter 5 of Part 6 of ITA 2007; section 421A of ITTOIA 2005. | section 373 of ITA 2007; . . . | regulations under section 871(1) of ITA 2007; Regulations under Chapter 3 of Part 6 of ITTOIA 2005. | Chapter 15 of Part 15 of ITA 2007; section 40(1) of the Finance Act 2005 | Chapter 16 of Part 15 of ITA 2007; regulations under section 17(3) of the Finance (No. 2) Act 2005 | regulations under section 969(1) of ITA 2007; sections 242 and 243(1) and (2) of ITA 2007; | regulations under section 971(1) of ITA 2007; sections 257GG and 257GH(1) and (2) of ITA 2007; | regulations under section 973(1) of ITA 2007. sections 257SG and 257SH(1) and (2) of ITA 2007; | Section 75(4) of CTA 2009. . . . | paragraph 4 of Schedule 17 to FA 2009. section 312A of ITA 2007; | section 260 of CTA 2010. regulations under Chapter 5 of Part 6 of ITA 2007; | section 1046(1) to (4) of CTA 2010. . . . | section 1095 of CTA 2010. . . . | section 1096 of CTA 2010. section 748(1) and (2) of ITA 2007; | section 1052(1) to (3) of CTA 2010. section 771 of ITA 2007; | section 1101(1), (2) and (4) of CTA 2010. . . . | Section 228 of TIOPA 2010. . . . | Regulations under paragraph 16 of Schedule 18 to the Finance Act 2011. regulations under section 871(1) of ITA 2007; | regulations under section 61(5) of the Finance Act 2012 regulations under section 969(1) of ITA 2007; | Regulations under paragraph 3 of Schedule 22 to the Finance Act 2013. regulations under section 971(1) of ITA 2007; | Regulations under paragraph 8 of Schedule 6 to the Finance Act 2014. . . . | paragraph 17 or 18 of Schedule 4 to FA 2016; . . . . . . . . . . . . . . . . . . Section 31(3) and (4) of CTA 2010. Section 465(3) and (4) of CTA 2010. . . . section 832 of CTA 2010. . . . section 1052(4) and (5) of CTA 2010. . . . section 1101(5) and (6) of CTA 2010. Section 1102(4) and (5) of CTA 2010. . . . . . . regulations under section 61(5) of the Finance Act 2012 Paragraph 127 of Schedule 9 to the Finance Act 2024 Paragraph 127B of Schedule 9 to the Finance Act 2024 The references in this Table to regulations under section 602 have effect only for the purpose of giving effect to any provision mentioned in paragraphs (a) and (b) of subsection (2) of that section References in this Table to sections 240, 241, 242 and 243(1) and (2) of ITA 2007 are to provisions that apply only in relation to shares issued after 5 April 2007.

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98A Special penalties in the case of certain returns.

(1) PAYE regulations or regulations under section 70(1)(a) or 71 of the Finance Act 2004 (sub-contractors) may provide that this section shall apply in relation to any specified provision of the regulations. (2) Where this section applies in relation to a provision of regulations, any person who fails to make a return in accordance with the provision shall be liable— (a) to a penalty or penalties of the relevant monthly amount for each month (or part of a month) during which the failure continues, but excluding any month after the twelfth or for which a penalty under this paragraph has already been imposed, and (b) if the failure continues beyond twelve months, without prejudice to any penalty under paragraph (a) above, to a penalty not exceeding (i) in the case of a provision of PAYE regulations, so much of the amount payable by him in accordance with the regulations for the year of assessment to which the return relates as remained unpaid at the end of 19th April after the end of that year, or (ii) in the case of a provision of regulations under section 70(1)(a) or 71 of the Finance Act 2004, £3,000. (3) For the purposes of subsection (2)(a) above, the relevant monthly amount in the case of a failure to make a return— (a) where the number of persons in respect of whom particulars should be included in the return is fifty or less, is £100, and (b) where the number is greater than fifty, is £100 for each fifty such persons and an additional £100 where that number is not a multiple of fifty. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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98B UK Economic Interest Groupings and European Economic Interest Groupings.

(1) In this section “grouping” means— (a) a UK Economic Interest Grouping, or (b) a grouping registered in a member State and formed in pursuance of Council Regulation (EEC) No. 2137/85 of 25 July 1985 on the European Economic Interest Grouping as it has effect in EU law. (2) Subsections (2A) to (4) below apply where a grouping or member of a grouping required by a notice given under section 12A of this Act to deliver a return or other document fails to comply with the notice. (2A) The grouping or member shall be liable to a penalty not exceeding £300 multiplied by the number of members of the grouping at the time of the failure to comply. (2B) If, on an application made to it by an officer of the Board, the tribunal so directs, the grouping or member shall be liable, for each day on which the failure continues after the day on which the grouping or member is notified of the direction (but excluding any day for which a penalty under this subsection has already been imposed), to a further penalty or penalties not exceeding £60 multiplied by the number of members of the grouping at the end of that day. (3) No penalty shall be imposed under subsection (2A) or (2B) above in respect of a failure at any time after the failure has been remedied. (4) If a grouping to which, or member to whom, a notice is given proves that there was no income or chargeable gain to be included in the return, the penalty under subsections (2A) and (2B) above shall not exceed £100. (5) Where a grouping or member fraudulently or negligently delivers an incorrect return, accounts or statement, or makes an incorrect declaration in a return delivered, under section 12A above, the grouping or member shall be liable to a penalty not exceeding £3000 multiplied by the number of members of the grouping at the time of delivery.

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98C Notification under Part 7 of Finance Act 2004

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99 Assisting in preparation of incorrect return, etc.

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99A Certificates of non-liability to income tax.

If a person who gives a certificate of non-liability to income tax in pursuance of regulations under section 852 of ITA 2007— (a) gives the certificate fraudulently or negligently, or (b) fails to comply with any undertaking contained in the certificate in pursuance of the regulations, he shall be liable to a penalty not exceeding £3,000.

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99B Declarations under Chapter 2 of Part 15 of ITA 2007

Where a person fraudulently or negligently gives any incorrect information in a declaration under any of sections 858 to 861 of ITA 2007, the person shall be liable to a penalty not exceeding £3,000.

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100 Determination of penalties by officer of the Board.

(1) Subject to subsection (2) below and except where proceedings for a penalty have been instituted under section 100D below ... , an officer of the Board authorised by the Board for the purposes of this section may make a determination imposing a penalty under any provision of the Taxes Acts and setting it at such amount as, in his opinion, is correct or appropriate. (2) Subsection (1) above does not apply where the penalty is a penalty under— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) section 94(1) above as it has effect before the substitution made by section 83 of the Finance (No. 2) Act 1987, (c) section 98(1) above as it has effect before the amendments made by section 164 of the Finance Act 1989 or section 98(1)(i) above as it has effect after those amendments, subject to subsection (2A), or (d) paragraph (a)(i) of section 98A(2) above as it has effect by virtue of section 165(2) of the Finance Act 1989, or (e) section 98B(2)(a) above , or (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2A) Subsection (2)(c) does not exclude the application of subsection (1) where the penalty relates to a failure to furnish any information or produce any document or record in accordance with regulations under section 716B of ITEPA 2003 (employment intermediaries to keep, preserve and provide information etc). (3) Notice of a determination of a penalty under this section shall be served on the person liable to the penalty and shall state the date on which it is issued and the time within such an appeal against the determination may be made. (4) After the notice of a determination under this section has been served the determination shall not be altered except in accordance with this section or on appeal. (5) If it is discovered by an officer of the Board authorised by the Board for the purposes of this section that the amount of a penalty determined under this section is or has become insufficient the officer may make a determination in a further amount so that the penalty is set at the amount which, in his opinion, is correct or appropriate. (6) In any case where— (a) a determination under this section is of a penalty under ... ... paragraph 18(2) of Schedule 18 to the Finance Act 1998 ... , and (b) after the determination has been made it is discovered by an officer of the Board authorised by the Board for the purposes of this section that the amount which was taken into account as the relevant amount of tax is or has become excessive, the determination shall be revised so that the penalty is set at the amount which is correct; and, where more than the correct amount has already been paid, the appropriate amount shall be repaid.

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100A Provisions supplementary to section 100.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) A penalty determined under section 100 above shall be due and payable at the end of the period of thirty days beginning with the date of the issue of the notice of the determination. (3) A penalty determined under section 100 above shall for all purposes be treated as if it were charged in an assessment and due and payable.

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100B Appeals against penalty determinations.

(1) An appeal may be brought against the determination of a penalty under section 100 above and, subject to ... the following provisions of this section, the provisions of this Act relating to appeals shall have effect in relation to an appeal against such a determination as they have effect in relation to an appeal against an assessment to tax, except that references to the tribunal shall be taken to be references to the First-tier Tribunal. (2) On an appeal against the determination of a penalty under section 100 above section 50(6) to (8) of this Act shall not apply but— (a) in the case of a penalty which is required to be of a particular amount, the First-tier Tribunal may— (i) if it appears ... that no penalty has been incurred, set the determination aside, (ii) if the amount determined appears ... to be correct, confirm the determination, or (iii) if the amount determined appears ... to be incorrect, increase or reduce it to the correct amount. (b) in the case of any other penalty, the First-tier Tribunal may— (i) if it appears ... that no penalty has been incurred, set the determination aside, (ii) if the amount determined appears ... to be appropriate, confirm the determination, (iii) if the amount determined appears ... to be excessive, reduce it to such other amount (including nil) as it considers appropriate, or (iv) if the amount determined appears ... to be insufficient, increase it to such amount not exceeding the permitted maximum as it considers appropriate. (3) In addition to any right of appeal on a point of law under section 11(2) of the TCEA 2007, the person liable to the penalty may appeal to the Upper Tribunal against the amount of the penalty which has been determined under subsection (2), but not against any decision which falls under section 11(5)(d) and (e) of the TCEA 2007 and was made in connection with the determination of the amount of the penalty. (3A) Section 11(3) and (4) of the TCEA 2007 applies to the right of appeal under subsection (3) as it applies to the right of appeal under section 11(2) of the TCEA 2007. (3B) On an appeal under this section the Upper Tribunal has the same powers as are conferred on the First-tier Tribunal by virtue of this section.

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100C Penalty proceedings before First-tier Tribunal .

(1) An officer of the Board authorised by the Board for the purposes of this section may commence proceedings before the First-tier Tribunal for any penalty to which subsection (1) of section 100 above does not apply by virtue of subsection (2) of that section. (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The person liable to the penalty shall be a party to the proceedings. (3) Any penalty determined by the First-tier Tribunal in proceedings under this section shall for all purposes be treated as if it were tax charged in an assessment and due and payable. (4) In addition to any right of appeal on a point of law under section 11(2) of the TCEA 2007, the person liable to the penalty may appeal to the Upper Tribunal against the determination of a penalty in proceedings under subsection (1), but not against any decision which falls under section 11(5)(d) and (e) of the TCEA 2007 and was made in connection with the determination of the amount of the penalty. (4A) Section 11(3) and (4) of the TCEA 2007 applies to the right of appeal under subsection (4) as it applies to the right of appeal under section 11(2) of the TCEA 2007. (5) On any such appeal the Upper Tribunal may— (a) if it appears that no penalty has been incurred, set the determination aside, (b) if the amount determined appears to be appropriate, confirm the determination, (c) if the amount determined appears to be excessive, reduce it to such other amount (including nil) as the Upper Tribunal considers appropriate, or (d) if the amount determined appears to be insufficient, increase it to such amount not exceeding the permitted maximum as the Upper Tribunal considers appropriate.

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