Finance Act 2014

Amendment of section 1084 of Principal Act (surcharge for late returns)

94. (1) Section 1084 of the Principal Act is amended in subsection (1)(b) —

(a) by substituting the following for subparagraph (i):

“(i) (I) subject to clause (II), where a person deliberately delivers an incorrect return of income as set out in section 1077E(2) or carelessly delivers an incorrect return of income as set out in section 1077E(5) on or before the specified return date for the chargeable period, the person shall be deemed to have failed to deliver the return of income on or before that date unless the error in the return of income is remedied on or before that date,

(II) clause (I) shall not apply where a person—

(A) deliberately delivers an incorrect return of income as set out in section 1077E(2) or carelessly delivers an incorrect return of income as set out in section 1077E(5) on or before the specified return date for the chargeable period, and

(B) pays the full amount of any penalty referred to in either of the provisions referred to in subclause (A) to which the person is liable,”,

and

(b) in subparagraph (ii) by substituting “neither deliberately nor carelessly” for “neither fraudulently nor negligently”.

(2) This section shall apply in respect of returns of income (within the meaning of section 1084 of the Principal Act) delivered on or after the date of the passing of this Act.