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Finance Act 1994

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Changes over time for: Cross Heading: Criminal penalties

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Finance Act 1994, Cross Heading: Criminal penalties is up to date with all changes known to be in force on or before 17 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 16A(2)(g) inserted by 2023 c. 30 Sch. 13 para. 28
  • s. 160(2)-(7) modified by 2010 c. 8 s. 464(6) (as inserted) by 2017 c. 32 Sch. 5 para. 1
  • Sch. 5 para. 2(1)(pa) inserted by S.I. 2022/109 reg. 4 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)

Criminal penaltiesU.K.

10(1)A person guilty of an offence under paragraph 9(1) above shall be liable—U.K.

(a)on summary conviction, to a penalty of [F1£20,000] or of three times the amount of the tax, whichever is the greater, or to imprisonment for a term not exceeding six months or to both;

(b)on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding [F214] years or to both.

(2)The reference in sub-paragraph (1) above to the amount of the tax shall be construed, in relation to tax itself or a payment falling within paragraph 9(2) above, as a reference to the aggregate of—

(a)the amount (if any) falsely claimed by way of credit, and

(b)the amount (if any) by which the gross amount of tax was falsely understated.

(3)A person guilty of an offence under paragraph 9(3) or (4) above shall be liable—

(a)on summary conviction, to a penalty of [F3£20,000] or, where sub-paragraph (4) below applies, to the alternative penalty there specified if it is greater, or to imprisonment for a term not exceeding six months or to both;

(b)on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding [F414] years or to both.

(4)In a case where—

(a)the document referred to in paragraph 9(3) above is a return required under this Part of this Act, or

(b)the information referred to in paragraph 9(4) above is contained in or otherwise relevant to such a return,

the alternative penalty is a penalty equal to three times the aggregate of the amount (if any) falsely claimed by way of credit and the amount (if any) by which the gross amount of tax was understated.

(5)A person guilty of an offence under paragraph 9(5) above shall be liable—

(a)on summary conviction, to a penalty of [F5£20,000] or (if greater) three times the amount of any tax that was or was intended to be evaded by his conduct, or to imprisonment for a term not exceeding six months or to both;

(b)on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding [F614] years or to both;

and paragraph 9(2) and sub-paragraph (2) above shall apply for the purposes of this sub-paragraph as they apply respectively for the purposes of paragraph 9(1) and sub-paragraph (1) above.

(6)A person guilty of an offence under paragraph 9(6) above shall be liable on summary conviction to a penalty of [F7£20,000] or three times the amount of the tax, whichever is the greater.

(7)A person guilty of an offence under paragraph 9(7) above shall be liable on summary conviction to a penalty of [F8£20,000].

(8)In this paragraph—

(a)“credit” means credit for which provision is made by regulations under section 55 of this Act;

(b)“the gross amount of tax” means the total amount of tax due before taking into account any deduction for which provision is made by regulations under section 55(3) of this Act.

Textual Amendments

F2Word in Sch. 7 para. 10(1)(b) substituted (22.2.2024) by Finance Act 2024 (c. 3), s. 32(1) (with s. 32(6))

F4Word in Sch. 7 para. 10(3)(b) substituted (22.2.2024) by Finance Act 2024 (c. 3), s. 32(1) (with s. 32(6))

F6Word in Sch. 7 para. 10(5)(b) substituted (22.2.2024) by Finance Act 2024 (c. 3), s. 32(1) (with s. 32(6))

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