Penalties for partnerships and officers of a company

By Tolley in association with Philip Rutherford
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The following Employment Tax guidance note by Tolley in association with Philip Rutherford provides comprehensive and up to date tax information covering:

  • Penalties for partnerships and officers of a company
  • Introduction
  • Partnerships
  • Officers of companies

Introduction

Under the penalty legislation introduced by FA 2007, Sch 24, where an inaccuracy has occurred on a return or other document which leads to an understatement of tax, the taxpayer is exposed to a penalty. In the context of employers and inaccuracies in PAYE returns, it is the employer who is exposed to the penalty.

The rate of the penalty is based on the behaviour of the taxpayer and whether the disclosure of the error was prompted by HMRC. Once the rate has been calculated, this is then applied to the potential lost revenue (PLR), which is the extra tax due as a result of correcting the inaccuracy or under-assessment, in order to calculate the amount of the penalty due.

The behaviour of the taxpayer is covered in more detail in the Calculating the penalty for inaccuracies in returns - behaviour of the taxpayer guidance note. The PLR is discussed in the Calculating the penalty for inaccuracies - potential lost revenue guidance note. The quality of the disclosure made to HMRC is covered in the Penalty for inaccuracies: reductions gu

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