PART 5PENALTIES

CHAPTER 3PENALTIES FOR INACCURACIES

Penalties under Chapter 3: general

I1141Assessment of penalties under Chapter 3

1

Where a person becomes liable to a penalty under this Chapter, WRA must—

a

assess the penalty,

b

issue a notice to the person of the penalty assessed, and

c

state in the notice the period F2, transaction or claim for tax credit in relation to which the penalty has been assessed.

2

An assessment of a penalty under this Chapter may be combined with an assessment to devolved tax.

3

An assessment of a penalty under section 129 or 132 must be made before the end of the period of 12 months beginning with—

a

the end of the appeal period for the decision correcting the inaccuracy, or

b

if there is no assessment to the tax concerned as a result of that decision, the day on which the inaccuracy is corrected.

4

An assessment of a penalty under section 133 must be made before the end of the period of 12 months beginning with—

a

the end of the appeal period for the assessment of tax which corrected the understatement, or

b

if there is no assessment correcting the understatement, the day on which the understatement is corrected.

5

In subsections (3) and (4), “appeal period” means F1...—

a

if no appeal is made, the period during which an appeal could be made, and

b

if an appeal is made, the period ending with its final determination or withdrawal.

6

Subject to subsections (3) and (4), a supplementary assessment may be made in respect of a penalty under this Chapter if an earlier assessment operated by reference to an underestimate of the potential lost revenue.