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Finance Act 2003

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This is the original version (as it was originally enacted).

Time limit for determination of penalties

8(1)The following time limits apply in relation to the determination of penalties under this Schedule.

(2)The general rule is that—

(a)no penalty may be determined under paragraph 2 (determination by officer of Board), and

(b)no proceedings for a penalty may be brought under paragraph 7 (penalty proceedings before the court),

more than six years after the date on which the penalty was incurred or, in the case of a daily penalty, began to be incurred.

This rule is subject to the following provisions of this paragraph.

(3)Where the amount of a penalty is to be ascertained by reference to the tax chargeable in respect of a transaction, a penalty may be determined under paragraph 2, or proceedings for a penalty may be begun under paragraph 7, at any time within three years after the final determination of the amount of tax by reference to which the amount of the penalty is to be determined.

(4)Sub-paragraph (3) does not apply where a person has died and the determination would be made in relation to his personal representatives if the tax was charged in an assessment made more than six years after the effective date of the transaction to which it relates.

(5)A penalty under section 96 (penalty for assisting in preparation of incorrect return) may be determined by an officer of the Board, or proceedings for such a penalty may be commenced before a court, at any time within 20 years after the date on which the penalty was incurred.

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