Textual Amendments
F1Word in Sch. 4 title omitted (6.4.2014) by virtue of Finance Act 2014 (c. 26), Sch. 8 paras. 164, 204 (with Sch. 8 paras. 205-215)
Textual Amendments
F2Sch. 4 Pt. 7 substituted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 179, 204 (with Sch. 8 paras. 205-215)
28I(1)This paragraph applies if HMRC decide—U.K.
(a)that requirements of Parts 2 to 6 of this Schedule—
(i)are not met in relation to the scheme, or
(ii)have not been met in relation to the scheme, but
(b)that the situation is not, or was not, so serious that paragraph 28H should apply.
(2)If this paragraph applies, the scheme organiser—
(a)is liable for a penalty of an amount decided by HMRC, and
(b)must, no later than 90 days after the relevant day, secure that the requirements of Parts 2 to 6 of this Schedule are met in relation to the scheme.
(3)The penalty under sub-paragraph (2)(a) must not exceed £5,000.
(4)In sub-paragraph (2)(b) “the relevant day” means—
(a)the last day of the period in which notice of an appeal under paragraph 28K(2)(b) may be given, or
(b)if notice of such an appeal is given, the day on which the appeal is determined or withdrawn.
(5)Sub-paragraph (2)(b) does not apply if the termination condition was met in relation to the scheme before the closure notice was given or is met before the end of the 90 day period mentioned in sub-paragraph (2)(b).
(6)If the scheme organiser fails to comply with sub-paragraph (2)(b), HMRC may give the scheme organiser a notice stating that that is the case (a “default notice”).
(7)If the scheme organiser is given a default notice—
(a)the scheme is not to be a Schedule 4 CSOP scheme with effect from—
(i)such relevant time as is specified in the default notice, or
(ii)if no relevant time is specified, the time of the giving of the default notice, and
(b)the scheme organiser is liable for a further penalty of an amount decided by HMRC.
(8)The penalty under sub-paragraph (7)(b) must not exceed an amount equal to twice HMRC's reasonable estimate of—
(a)the total income tax for which persons who have been granted share options under the scheme have not been liable, or will not be liable in the future, and
(b)the total contributions under Part 1 of SSCBA 1992 or SSCB(NI)A 1992 for which any persons have not been liable, or will not be liable in the future,
in consequence of the scheme having been a Schedule 4 CSOP scheme at any relevant time before the time mentioned in sub-paragraph (7)(a)(i) or (ii) (as the case may be).
(9)In this paragraph “relevant time” means any time before the giving of the default notice when requirements of Parts 2 to 6 of this Schedule were not met in relation to the scheme.]