SolvedECP4300 | Types of penalty: Interaction with Finance Act 2008 Schedule 41 penalties
From HM Revenue & Customs · Excise Civil Penalties Manual
Failure to Notify
A taxpayer may be liable to a Schedule 41 penalty for failure to comply with a relevant obligation.
Where this occurs and the taxpayer is also liable to a penalty for the same failure under Section 9 Finance Act 1994 the amount of penalty under Schedule 41 must be reduced by the amount of the penalty under Section 9 Finance Act 1994.
The following table shows which section of the law this applies to, for further guidance see CH76000.
| Act | Schedule 41 Finance Act 2008 ‘Failure to Notify’ penalty | Section 9 Finance Act 1994 ‘Failure to Notify’ penalty |
|---|---|---|
| ALDA | 47(1), 62(2) | 47(4), 62(6) |
| HODA | 21 | 21(3) |
| TPDA | 7 | 7(2) |
| BGDA | 21 | 24(5) |
VAT & Excise Wrongdoing
Paragraphs 15(1) Schedule 41 FA2008 does provide for interaction between penalties under paragraphs 1 - 4 of that schedule and other penalties or surcharge.
However, it is not envisaged that a situation will arise where a taxpayer who has committed VAT or Excise wrongdoing, will get another penalty which is determined by reference to the same tax liability.
If you come across a situation where this is the case, you should contact Tax Administration, Litigation and Advice (TALA), see ECP1700.