Finance (No. 2) Act, 2000

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Penalties.

24.—(1) (a) A person who contravenes section 15 (1) shall be liable to a penalty of £1,000.

(b) Where the contravention or failure referred to in paragraph (a) continues after judgment has been given by the court before which proceedings for the penalty have been commenced, the person concerned shall be liable to a further penalty of £50 for each day on which the contravention or failure so continues.

(2) Where, under or for the purposes of any of the provisions of this Part, a person is authorised to inspect any property for the purpose of reporting to the Commissioners the market value thereof and any person prevents such inspection or obstructs the person so authorised in the performance of his or her functions in relation to the inspection, that person shall be liable to a penalty of £1,000.

(3) Where an accountable person fraudulently or negligently—

(a) delivers any incorrect return or additional return,

(b) makes or furnishes any incorrect statement, declaration, evidence or valuation in connection with any property comprised in the relevant residential property of the assessable person,

(c) makes or furnishes any incorrect statement, declaration, evidence or valuation in connection with any claim for any allowance, deduction, exemption or relief, or

(d) makes or furnishes any incorrect statement, declaration, evidence or valuation in connection with any other matter, whereby the amount of tax payable in respect of the relevant residential property of the assessable person is less than it would have been if that return, statement, declaration, evidence or valuation had been correct, he or she shall be liable to a penalty of—

(i) £2,000, and

(ii) the amount, or in the case of fraud twice the amount, of the difference specified in subsection (5).

(4) Where any such return, statement, declaration, evidence or valuation as is mentioned in subsection (3) was delivered, made or furnished neither fraudulently nor negligently by an accountable person and it comes to that person's notice that it was incorrect, then, unless the error is remedied without unreasonable delay, such matter shall be treated, for the purposes of this section, as having been negligently done by that person.

(5) The difference referred to in subsection (3) is the difference between—

(a) the amount of tax payable in respect of the relevant residential property of the assessable person for the valuation date in accordance with the return, additional return, statement, declaration, evidence or valuation made or submitted, and

(b) the amount which would have been the amount so payable if the return, additional return, statement, declaration, evidence or valuation as made or submitted by that accountable person had been correct.

(6) For the purposes of subsection (3), where anything referred to in that subsection is delivered, made or furnished on behalf of a person, it shall be deemed to have been delivered, made or furnished by that person unless that person proves that it was done without that person's knowledge and consent.

(7) Any person who assists in or induces the delivery, making or furnishing for any purposes of tax of any return, additional return, statement, declaration, evidence or valuation which that person knows to be incorrect shall be liable to a penalty of £1,000.

(8) The provisions of this section shall not affect any criminal proceedings.

(9) Subject to this section, section 987(4), sections 1061 to 1066 and section 1068 of the Act of 1997 shall, with any necessary modifications; apply to a penalty under this section as if the penalty were a penalty under the Income Tax Acts.