PART 5PENALTIES

CHAPTER 3PENALTIES FOR INACCURACIES

Penalties for inaccuracies in documents

129Penalty for inaccuracy in document given to WRA

1

A person is liable to a penalty where—

a

the person gives WRA a document, and

b

conditions 1 and 2 are satisfied.

2

Condition 1 is that the document contains an inaccuracy which amounts to, or leads to—

a

an understatement of a liability to a devolved tax,

b

a false or inflated statement of a loss relating to a devolved tax, or

c

a false or inflated claim to repayment of devolved tax.

3

Condition 2 is that the inaccuracy was deliberate or careless on the person’s part.

4

An inaccuracy is careless on a person’s part if it is due to the person’s failure to take reasonable care.

5

An inaccuracy which was neither deliberate nor careless on a person’s part when the document was given is to be treated as careless if the person—

a

discovered the inaccuracy at some later time, and

b

did not take reasonable steps to inform WRA.

6

Where a document contains more than one inaccuracy in respect of which conditions 1 and 2 are satisfied, the person is liable to a penalty for each such inaccuracy.