Taxes Consolidation Act, 1997
Increased penalties in case of body of persons. [ITA67 s503 and definition of “secretary” in ITA67 s509; FA73 s46] |
1054.—(1) In this section, “secretary” includes persons mentioned in section 1044 (2). | |
(2) Where the person mentioned in section 1052 is a body of persons— | ||
(a) the body of persons shall be liable to— | ||
(i) in a case where the notice was given under or for the purposes of any of the provisions specified in column 1 of Schedule 29 and the failure continues after the end of the year of assessment following that during which the notice was given, a penalty of £1,000, and | ||
(ii) in any other case, a penalty of £500 and, if the failure continues after judgment has been given by the court before which proceedings for the penalty have been commenced, a further penalty of £50 for each day on which the failure so continues, and | ||
(b) the secretary shall be liable to— | ||
(i) in a case where the notice was given under or for the purposes of any of the provisions specified in column 1 of Schedule 29 and the failure continues after the end of the year of assessment following that during which the notice was given, a separate penalty of £200, and | ||
(ii) in any other case, a separate penalty of £100. | ||
(3) Where the person mentioned in section 1053 is a body of persons— | ||
(a) in the case of such fraud or negligence as is mentioned in section 1053 (1)— | ||
(i) the body of persons shall be liable to a penalty of— | ||
(I) £500 or, in the case of fraud, £1,000, and | ||
(II) the amount or, in the case of fraud, twice the amount of the difference specified in section 1053 (5), and | ||
(ii) the secretary shall be liable to a separate penalty of £100 or, in the case of fraud, £200, and | ||
(b) in the case of any such fraud or negligence as is mentioned in section 1053 (2)— | ||
(i) the body of persons shall be liable to a penalty of £500 or, in the case of fraud, £1,000, and | ||
(ii) the secretary shall be liable to a separate penalty of £100 or, in the case of fraud, £200. | ||
(4) This section shall apply subject to sections 877 (5) (b) and 897 (5), but otherwise shall apply notwithstanding anything in the Income Tax Acts. |