Section 245 [Failure to deliver accounts]
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Amendments
Section 245 and heading substituted by Finance Act 1999 section 108 in relation to any failure by a person to comply with obligations under sections 216-219 that expire on or after 27 July 1999.
(1) This section applies where a person (“the taxpayer”) fails to deliver an account under section 216 or 217 above.
(2) The taxpayer shall be liable—
(a) to a penalty [of]1 £100; and
(b) to a further penalty not exceeding £60 for every day after the day on which the failure has been declared by a court or the [tribunal]2 and before the day on which the account is delivered.
Amendments
1 Substituted by Finance Act 2004 section 295(2)(a) in relation to a failure by any person to deliver an account under section 216 or 217 where the period under section 216(6) or (7) or 217, with in which the person is required to deliver the account, expires on or after 23 January 2005.
2 Substituted for the words “Special Commissioners” by S.I. 2009/56 article 3 and Schedule 1 para 120 from 1 April 2009.
(3) If—
(a) proceedings in which the failure could be declared are not commenced before the end of the relevant period, and
(b) the taxpayer has not delivered the account by the end of that period,
he shall be liable to a further penalty [of]1 £100.
Amendments
1 Substituted by Finance Act 2004 section 295(2)(a) in relation to a failure by any person to deliver an account under section 216 or 217 where the period under section 216(6) or (7) or 217, with in which the person is required to deliver the account, expires on or after 23 January 2005.
(4) In subsection (3) above “the relevant period” means the period of six months beginning immediately after the end of the period given by section 216(6) or (7) or section 217 above (whichever is applicable).
(4A) Without prejudice to any penalties under subsection (2) and (3) above, if—
(a) the failure by the taxpayer to deliver the account continues after the anniversary of the end of the period given by section 216(6) or (7) (whichever is applicable), and
(b) there would have been a liability to tax shown in the account,
the taxpayer shall be liable to a penalty of an amount not exceeding £3,000.
Amendments
Subs (4A) inserted by Finance Act 2004 section 295(2)(b) with effect in relation to a failure by any person to deliver an account under section 216 where the period under section 216(6) or (7) of that Act (whichever is applicable), within which the person is required to deliver the account, expires after Royal Assent, and in relation to such a failure to deliver such an account where that period expires on or before Royal Assent.
(5) If the taxpayer proves that his liability to tax does not exceed a particular amount, the penalty under subsection (2)(a) above, together with any penalty under subsection (3) above, shall not exceed that amount.
(6) A person shall not be liable to a penalty under subsection (2)(b) above if he delivers the account required by section 216 or 217 before proceedings in which the failure could be declared are commenced.
(7) A person who has a reasonable excuse for failing to deliver an account shall not be liable by reason of that failure to a penalty under this section, unless he fails to deliver the account without unreasonable delay after the excuse has ceased.
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