BIM42520 | Specific deductions: administration: interest, penalties and surcharges on UK taxes

From HM Revenue & Customs · Business Income Manual

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No deduction is allowed in computing the taxable profits of a trade for any of the following:

Interest, penalty or surchargeDescription of tax, levy or duty
Interest under any provision of (This applies to profits chargeable to Income Tax only)Income Tax, Capital Gains Tax and Corporation Tax
Interest required to be paid under the construction industry scheme
Penalty under S-S Value Added Tax Act 1994 ()Value Added Tax
Interest under S, S VATA 1994
Surcharge under
Penalty under S-S Finance Act 1994 ()Excise duties
Penalty under Sch7 Paras- FA 1994Insurance Premium Tax
Interest under S or Sch 7 Para FA 1994
Penalty under Sch5 Par 5 ()Landfill Tax
Interest under S or Sch5 Paras, FA 1996
Penalty under any provision of Climate change levy
Interest under any of Paras70, 81-85, 109 and 123(6) of that Schedule
Penalty under any provision of Part2 ()Aggregates levy
Interest under S, Sch5 Paras5-, Sch8 Para6, Sch10 Para5 FA 2001
Penalty under S or S Finance Act 2003 ()Customs, export and import duties
Penalty and interest under Stamp Duty Land Tax
Penalty under Various taxes and excise duties
Penalty under Various taxes and excise duties
Penalty under Sch 16 Finance Act (No. 2) 2017Various taxes

and specifically disallow deductions of some HMRC penalties, including some that relate to offences concerning direct tax (e.g. under Schedule 24 and Schedule 41), included in the list as part of the introduction of the single penalties regime. There are HMRC penalties that are not included in the above list. This does not mean that they are allowable deductions. HMRC penalties are not considered normal recurring expenses incurred in agreeing the tax liability (see ). It is also unlikely that HMRC penalties will have been incurred wholly and exclusively for the purposes of the trade (see ).