COM101011 - Penalties: penalty determinations: legislation

Section

Explanation

11 TMA 1970

The CT filing obligation for periods ended before 30 June 1999. CT Pay and File amendments took effect for notices issued after 31 December 1993

11(2) TMA 1970

Specifies the period for which a CT Pay and File return is required

50(6) to (8) TMA 1970

Tribunal powers to deal with appeals against assessments, claims and elections

55 TMA 1970

Provisions for recovery of tax not subject to a postponement application

87A TMA 1970

Enables the charging of interest on overdue CT

94 TMA 1970

Penalties for failure to make a return for CT

94(1) TMA 1970

Imposes flat-rate (Word 32KB) penalties for late delivery of a CT return

94(5) TMA 1970

Imposes increased flat-rate penalties for companies delivering a late return for the third successive AP

94(6) TMA 1970

Imposes tax-related (Word 30KB) penalties for returns delivered more than 18 months after the company’s return period (Word 28KB) 

94(7) TMA 1970

Defines the tax unpaid (Word 41KB) figure to be used when calculating tax-related penalties for CT Pay and File return periods

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

96 TMA 1970

Penalties for submission of incorrect returns or accounts

97A TMA 1970

Restricts the maximum penalty imposed when a company has incurred multiple tax-related penalties, for the same AP

100 TMA 1970

Authority for an ‘Officer of the Board’ to make penalty determinations, under any provision of the Taxes Acts

100(5) TMA 1970

Authority to make a further penalty determination when the original is discovered to be insufficient

100(6) TMA 1970

Requirement to reduce a tax-related penalty determination when the amount of tax taken into account is discovered to be, or to have become, excessive

100B TMA 1970

Tribunal (Word 34KB) powers to deal with appeals against penalty determinations

100B(2) TMA 1970

Specific Tribunal powers to settle appeals against penalty determinations

103(1)(a) and (b) TMA 1970

A tax-related penalty can be determined or proceedings commenced at the later of

• Six years after the date on which the penalty was incurred

• Three years after the final determination of the amount of tax on which a tax-related penalty is based

103(4) TMA 1970

A flat-rate penalty can be determined or proceedings for the penalty commenced at any time within 6 years after the date on which the penalty was incurred

419(4) ICTA 1988

Relief in terms of tax given when a loan or advance to a participator has been repaid (or repaid in part)

102 FA 1989

Allows the surrenders of company tax refunds within groups

102(6) FA 1989

Restricts the relevant date in S102(5) to the date of the joint notice of surrender for tax-related penalty purposes

Para 3 Sch 18 FA 1998

Power to issue a notice requiring a CT return, specifying a period ended after 30 June 1999

Para 5 Sch 18 FA 1998

Specifies the period for which a CTSA return is required

Para 6 Sch 18 FA 1998

Ensures that

• A notice issued under Para 3 Sch 18 FA 1998 may specify a period that started before 1 July 1999

• Provides that, if such a notice requires a return for a CT Pay and File AP, the provisions of the Taxes Acts apply as if the notice had been given under S11 TMA 1970

Para 17 Sch 18 FA 1998

Specifies the flat-rate penalties for failure to deliver a CTSA return

Para 18 Sch 18 FA 1998

Specifies the tax-related penalties for failure to deliver a CTSA return

Para 20 Sch 18 FA 1998

Enables the charging of penalties for incorrect or uncorrected returns for CTSA return periods