Commentary

A4.559 FA 2021 deliberate withholding of information penalty (prospective)

Administration and compliance

A4.559 FA 2021 deliberate withholding of information penalty (prospective)

A4.559 FA 2021 deliberate withholding of information penalty (prospective)

The new FA 2021 penalty regime introduced at A4.558 above also replicates the pre-existing penalty for deliberately withholding information described at A4.552 under Second tax-geared penalty1, but with the significant difference that the penalty will be potentially applicable as soon as a return is late, rather than after a return has been outstanding for 12 months. Where the deliberately withholding of information penalty is applicable, it is charged separately from, and in addition to, any points-based penalty in A4.558. It is a tax-geared penalty. See A4.558 for the dates from which the regime will take effect. The deliberately withholding of information penalty does not apply to Value Added Tax.

The deliberately withholding of information penalty is payable by a person who, by failing to make a return listed in the third column of the table below on or before the due date for that return, deliberately withholds information which would enable or assist HMRC to assess that person's liability to tax2.

Tax to which return relatesReturn
(1)Income tax or capital gains taxPersonal tax return under TMA 1970, s 8 (see E1.211) or trust tax return under TMA 1970, s 8A (see E1.212)
Such accounts, statements or documents as are required to accompany the return
(2)Income tax or corporation taxPartnership tax return under TMA 1970, s 12AA (see B7.523)
Such accounts, statements or documents as are required to accompany the return
(3)Income tax or corporation taxPartnership return

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