COM100001 - Penalties: late delivery of returns: introduction
A company that fails to deliver its return by the filing date (Word 42KB), is normally liable to penalties under
- Paras 17 and 18 Schedule 18 FA 1998 for CTSA return periods
And
- Section 94 TMA 1970 for CT Pay and File return periods
The amount of the penalty varies depending on the date that the company delivers the return.
Penalties can be
Or
These penalties are defined in Paras 17 and 18 Schedule 18 FA 1998 for CTSA return periods, as
- Flat-rate (equivalent to Fixed)
And
- Tax-related (equivalent to tax geared)
They had no statutory name in TMA 1970, but were colloquially known as fixed and tax geared penalties for CT Pay and File return periods.
COTAX does not produce separate penalty output for CTSA and CT Pay and File periods, so all penalty output refers to flat-rate and tax-related penalties as appropriate. The terms have either their statutory or plain English meaning depending on the legal context.
You charge penalties by determination, under Section 100 TMA 1970.
Anyone with the Technical Caseworker role who handles company cases can determine penalties. In most cases COTAX calculates and issues penalty determinations automatically.
Note: COTAX provides support for late-filing penalties only. It does not cater for other types of penalties, such as those which may be due if a company fails to give notice of chargeability under Para 2 Sch 18 FA 98.
