^[17]>

1054Increased penalties in case of body of persons.

[ITA67 s503 and definition of “secretary” in ITA67 s509; FA73 s46]

(1) In this section, “secretary” includes persons mentioned in section 1044(2).

(2) Where the person mentioned in section 1052 is a body of persons—

(a) the body of persons shall be liable to—

(i) in a case where the notice was given under or for the purposes of any of the provisions specified in column 1 of Schedule 29 and the failure continues after the end of the year of assessment following that during which the notice was given, a penalty of ^[1]>£1,000^{<[1][14]>[1]>}€1,265^{<[1]<[14][14]>}€1,520^<[14], and

(ii) in any other case, a penalty of ^[2]>£500^{<[2][15]>[2]>}€630^{<[2]<[15][15]>}€950^<[15] and, if the failure continues after judgment has been given by the court before which proceedings for the penalty have been commenced, a further penalty of ^[3]>£50^<[3][3]>€60^<[3] for each day on which the failure so continues, and

(b) the secretary shall be liable to—

(i) in a case where the notice was given under or for the purposes of any of the provisions specified in column 1 of Schedule 29 and the failure continues after the end of the year of assessment following that during which the notice was given, a separate penalty of ^[4]>£200^<[4][4]>€250^<[4], and

(ii) in any other case, a separate penalty of ^[5]>£100^<[5][5]>€125^<[5].

(3) Where the person mentioned in section 1053 is a body of persons—

(a) in the case of such fraud or negligence as is mentioned in section 1053(1)—

(i) the body of persons shall be liable to a penalty of—

(I) ^[6]>£500^<[6][6]>€630^<[6] or, in the case of fraud, ^[7]>£1,000^<[7][7]>€1,265^<[7], and

(II) ^[16]>the amount or, in the case of fraud, twice^<[16] the amount of the difference specified in section 1053(5), and

(ii) the secretary shall be liable to a separate penalty of ^[8]>£100^<[8][8]>€125^<[8] or, in the case of fraud, ^[9]>£200^<[9][9]>€250^<[9], and

(b) in the case of any such fraud or negligence as is mentioned in section 1053(2)—

(i) the body of persons shall be liable to a penalty of ^[10]>£500^<[10][10]>€630^<[10] or, in the case of fraud, ^[11]>£1,000^<[11][11]>€1,265^<[11], and

(ii) the secretary shall be liable to a separate penalty of ^[12]>£100^<[12][12]>€125^<[12] or, in the case of fraud, ^[13]>£200^<[13][13]>€250^<[13].

(4) This section shall apply subject to sections 877(5)(b) and 897(5), but otherwise shall apply notwithstanding anything in the Income Tax Acts.

^<[17]