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Penalties for inaccuracies in returns under old rules

Produced by Tolley in association with
Owner-Managed Businesses
Guidance

Penalties for inaccuracies in returns under old rules

Produced by Tolley in association with
Owner-Managed Businesses
Guidance
imgtext

Introduction

HMRC has the legal power to charge a civil penalty where there are errors in or omissions from tax returns. The penalty regime in operation prior to 1 April 2009 (known as ‘old penalties’) differs from the current regime (known as ‘new penalties’). The two regimes run alongside each other and will continue to do so for a number of years, as the basis for applying penalties depends on the original filing date and period of the tax returns concerned.

For more on the new penalties in FA 2007, Sch 24, see the Penalties for inaccuracies in returns ― overview guidance note.

What periods are covered by the old regime?

The old penalties regime applies to tax returns with a filing date up to and including 31 March 2009.

For income tax, capital gains tax and Class 4 national insurance contributions, old penalties apply to tax returns up to and including the 2007/08 return.

For corporation tax and VAT, old penalties apply to returns filed on or before

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Philip Rutherford
Philip Rutherford

Senior Tax Director at Molson Coors Brewing Company


Phil is the Senior Tax Director for Molson Coors' European operations. He has responsibility for both direct and indirect taxes across both EU and non-EU states. Prior to this, Phil was responsible for Molson Coors UK tax affairs covering all major taxes and duties.   Phil trained at KPMG LLP, where he worked for 8 years, specialising in tax investigations across both direct and indirect tax.

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