Saving Gateway Accounts Act 2009

Commentary

Section 19 Penalties: incorrect information

99.Sections 19, 20 and 21 make provision in relation to penalties.

100.Section 19 makes provision in relation to penalties that may be imposed where incorrect information is supplied to HMRC.

101.Under subsection (1), the Commissioners have the power to impose a penalty of £300 on anyone who deliberately makes an incorrect declaration when applying to open a Saving Gateway account.

102.Subsection (2) permits the Commissioners to impose a penalty not exceeding £3,000 on a person who:

• deliberately or carelessly makes an incorrect statement or declaration in, or in connection with, a return made in accordance with regulations under section 11 (returns of information to HMRC); or

• deliberately or carelessly provides incorrect information in response to a requirement made in accordance with regulations under section 17 (information to be supplied by relevant persons).

103.Subsection (3) sets out that where a person provides information to HMRC, later discovers that the information provided was inaccurate and fails to take reasonable steps to inform HMRC of that inaccuracy, that person will be treated as having acted carelessly. A penalty may be imposed under subsection (2) in such circumstances.