Finance Act 2004
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Change 1
153D Penalties for inaccurate information in applications
(1) This section applies where— (a) an application under section 153 contains information which is inaccurate, (b) the inaccuracy is material, and (c) condition A, B or C is met. (2) Condition A is that the inaccuracy is careless or deliberate. (3) An inaccuracy is careless if it is due to a failure by the scheme administrator to take reasonable care. (4) Condition B is that the scheme administrator knows of the inaccuracy at the time the application is made but does not inform an officer of Revenue and Customs at that time. (5) Condition C is that the scheme administrator— (a) discovers the inaccuracy some time later, and (b) fails to take reasonable steps to inform an officer of Revenue and Customs. (6) The scheme administrator is liable to a penalty not exceeding the maximum penalty for which the scheme administrator could have been liable under paragraph 40A of Schedule 36 to the Finance Act 2008 (penalties for inaccurate information and documents) had that paragraph applied in relation to the inaccuracy. (7) Where the information contains more than one material inaccuracy, a penalty is payable for each inaccuracy. (8) Paragraphs 46 to 49 of Schedule 36 to the Finance Act 2008 (assessment of penalties etc) apply in relation to a penalty under this section as they apply in relation to a penalty under paragraph 40A of that Schedule.
153D Penalties for inaccurate information in applications
(1) This section applies where— (a) an application under section 153 contains information which is inaccurate, (b) the inaccuracy is material, and (c) condition A, B or C is met. (2) Condition A is that the inaccuracy is careless or deliberate. (3) An inaccuracy is careless if it is due to a failure by the scheme administrator to take reasonable care. (4) Condition B is that the scheme administrator knows of the inaccuracy at the time the application is made but does not inform an officer of Revenue and Customs at that time. (5) Condition C is that the scheme administrator— (a) discovers the inaccuracy some time later, and (b) fails to take reasonable steps to inform an officer of Revenue and Customs. (6) The scheme administrator is liable to a penalty not exceeding the maximum penalty for which the scheme administrator could have been liable under paragraph 40A of Schedule 36 to the Finance Act 2008 (penalties for inaccurate information and documents) had that paragraph applied in relation to the inaccuracy. (7) Where the information contains more than one material inaccuracy, a penalty is payable for each inaccuracy. (8) Paragraphs 46 to 49 of Schedule 36 to the Finance Act 2008 (assessment of penalties etc) apply in relation to a penalty under this section as they apply in relation to a penalty under paragraph 40A of that Schedule.
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