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Finance Act 2009
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Changes over time for: Paragraph 17
Version Superseded: 06/04/2018
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Point in time view as at 01/01/2018.
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Finance Act 2009, Paragraph 17 is up to date with all changes known to be in force on or before 03 June 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.
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This section has no associated Explanatory Notes
17(1)Where P is liable for a penalty under any paragraph of this Schedule which is determined by reference to a liability to tax, the amount of that penalty is to be reduced by the amount of any other penalty incurred by P, if the amount of the penalty is determined by reference to the same liability to tax.U.K.
(2)In sub-paragraph (1) the reference to “any other penalty” does not include—
(a)a penalty under any other paragraph of this Schedule, or
(b)a penalty under Schedule 56 (penalty for late payment of tax)[F1, or
(c)a penalty under Part 4 of FA 2014 (penalty where corrective action not taken after follower notice etc)] [F2or
(d)a penalty under Schedule 22 to FA 2016 (asset-based penalty)].
(3)Where P is liable for a penalty under more than one paragraph of this Schedule which is determined by reference to a liability to tax, the aggregate of the amounts of those penalties must not exceed [F3100%][F3the relevant percentage] of the liability to tax.
[F4(4)The relevant percentage is—
(a)if one of the penalties is a penalty under paragraph 6(3) or (4) and the information withheld is category 3 information, 200%,
(b)if one of the penalties is a penalty under paragraph 6(3) or (4) and the information withheld is category 2 information, 150%, and
(c)in all other cases, 100%.]
Textual Amendments
F1Sch. 55 para. 17(2)(c) and word inserted (17.7.2014) by Finance Act 2014 (c. 26), Sch. 33 para. 5
F2Sch. 55 para. 17(2)(d) and preceding word inserted (with effect in accordance with reg. 2(b) of the commencing S.I.) by Finance Act 2016 (c. 24), s. 165(2), Sch. 22 para. 20(5); S.I. 2017/277, reg. 2(b)
F3Words in Sch. 55 para. 17(3) substituted (6.4.2011 for specified purposes) by Finance Act 2010 (c. 13), s. 35(2), Sch. 10 para. 14(a); S.I. 2011/975, art. 2(2) (with art. 5)
F4Sch. 55 para. 17(4) inserted (6.4.2011 for specified purposes) by Finance Act 2010 (c. 13), s. 35(2), Sch. 10 para. 14(b); S.I. 2011/975, art. 2(2) (with art. 5)
Modifications etc. (not altering text)
C1Sch. 55 applied (with modifications) by S.I. 2001/1004, Sch. 4 para. 21G (as inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Contributions) (Amendment No. 4) Regulations 2014 (S.I. 2014/2397), regs. 1(1), 3(5))
Commencement Information
I1Sch. 55 para. 17 in force at 1.4.2011 for specified purposes and 6.4.2011 for specified purposes by S.I. 2011/702, art. 2 (with art. 1(2))
I2Sch. 55 para. 17 in force at 6.10.2011 for specified purposes by S.I. 2011/2391, art. 2(b) (with art. 3(1)(2))
I3Sch. 55 para. 17 in force at 6.10.2014 for specified purposes and 6.3.2015 for specified purposes by S.I. 2014/2395, art. 2(1)(b)
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