42(1)A penalty is payable if the filing member fails to submit an information return or overseas return notification by the submission date, unless paragraph 44 (reasonable excuse) applies.
(2)The penalty is—
(a)£100, if the return or notification is submitted within three months after the submission date;
(b)£200, if the return or notification is submitted within six months after the submission date;
(c)£200 plus the additional penalty amount, in any other case.
(3)For a third successive failure, the amount referred to in—
(a)sub-paragraph (2)(a) is increased to £500;
(b)sub-paragraph (2)(b) and (c) is increased to £1,000.
(4)For this purpose, a “third successive failure” occurs where—
(a)the duty to submit a return or notification applies in relation to a group for three successive accounting periods,
(b)the member was liable to a penalty under this paragraph in respect of each of the first two accounting periods, and
(c)the member is liable to a penalty under this paragraph in respect of the third accounting period.
(5)The additional penalty amount is £60 multiplied by the number of days, after the day six months after the submission date, on which the filing member fails to submit the return or notification.
(6)The submission date is the last date the filing member is permitted to submit the return or notification under Part 4 of this Schedule.