Part 2Trading income
Chapter 4Trade profits: rules restricting deductions
PenaltiesF9, interest and VAT surchargesF9and interest
54PenaltiesF6, interest and VAT surchargesF6and interest
1
In calculating the profits of a trade, no deduction is allowed for any penalty or interest mentioned in the first column of the following table.
2
This is the table—
Penalty or interest | Description of tax, levy or duty |
---|---|
Interest under any provision of Part 9 of TMA 1970 | Income tax, capital gains tax and corporation tax |
F2Interest under section 101 of FA 2009 in connection with sums required to be deducted under section 61 of FA 2004 (construction industry) |
|
Penalty under any of sections 60 to 70 of VATA 1994 | Value added tax |
F4Interest under section 101 of FA 2009 in respect of an amount of value added tax |
|
Penalty under any of sections 8 to 11 of FA 1994 | Excise duties |
Penalty under any of paragraphs 12 to 19 of Schedule 7 to FA 1994 | Insurance premium tax |
F8Interest under section 60(8) of FA 1994 or paragraph 21 of Schedule 7 to FA 1994 |
|
Penalty under any provision of Part 5 of Schedule 5 to FA 1996 | Landfill tax |
F1Interest under section 56(5) of, or paragraph 26 or 27 of Schedule 5 to, FA 1996 |
|
Penalty under any provision of Schedule 6 to FA 2000 | Climate change levy |
Interest under any of paragraphs 70, 81 to 85F7, 109 and 123(6) of that Schedule |
|
Penalty under any provision of Part 2 of FA 2001 | Aggregates levy |
Interest under F10section 42(6) of, or any of paragraphs 5 to 9 of Schedule 5 to, paragraph 6 of Schedule 8 to and paragraph 5 of Schedule 10 F14to, FA 2001 |
|
Penalty under section 25 or 26 of FA 2003 | F11Customs duties |
Penalty under any provision of Part 4 of FA 2003 | Stamp duty land tax |
Interest under any provision of that Part |
|
F5Penalty under Schedule 24 to FA 2007 | Various taxes and excise duties |
F3Penalty under Schedule 41 to FA 2008 | Various taxes and excise duties |
F13Penalty under Schedule 16 to F(No. 2)A 2017 | Various taxes |
3
F12In calculating the profits of a trade, no deduction is allowed for any surcharge under section 59 of VATA 1994.
Words in s. 54 cross-heading substituted (1.1.2023 for specified purposes) by Finance Act 2021 (c. 26), s. 118(2), Sch. 27 para. 30; S.I. 2022/1278, reg. 2(3)(4)(b)