COM101060 - Penalties: penalty determinations: multiple penalties on a single notice

Penalties for failure to comply with a notice to deliver are imposed by Paras 17 and 18 Schedule 18 FA 1998.

Because a notice can cover more than one return period more than one penalty may be due in respect of the same notice.

Example

A Ltd makes up its accounts for the year to 31/12/2010.

It ceased trading on 30/09/2000 but continued to receive investment income after that date.

APs 9 months to 30/09/2010 3 months to 31/12/2010
Specified period on notice to deliver 01/01/2010- 31/12/2010 01/01/2010 - 31/12/2010
Notice served 19/01/2011 19/01/2011
Returns required by notice APE 30/09/2010 APE 31/12/2010
Filing Date 31/12/2011 31/12/2011
Return delivered on 01/02/2012 01/02/2012
Penalties due under Para 17 Sch 18 FA 1998 Para 17 Sch 18 FA 1998
Amount of penalty £100 (Para 14(1)(b) Sch 18 FA 1998) £100 (Para 14(1)(b) Sch 18 FA 1998)

»Ê¹ÚÌåÓýapp penalties are incurred in respect of the same notice to deliver and would be charged in the same determination.

See COM101011 for legislation applying to this subject.