Taxes Consolidation Act, 1997

Penalties for fraudulently or negligently making incorrect returns, etc.

[CTA76 s143(9), (10) and (11)]

1072.—(1) Where a company fraudulently or negligently—

(a) delivers an incorrect return under section 884 ,

(b) makes any incorrect return, statement or declaration in connection with any claim for any allowance, deduction or relief in respect of corporation tax, or

(c) submits to an inspector, the Revenue Commissioners or the Appeal Commissioners any incorrect accounts in connection with the ascertainment of the company's liability to corporation tax,

the company shall be liable to a penalty of—

(i) £500 or, in the case of fraud, £1,000, and

(ii) the amount or, in the case of fraud, twice the amount of the difference specified in subsection (2), and

the secretary of the company shall be liable to a separate penalty of £100 or, in the case of fraud, £200.

(2) The difference referred to in subsection (1) shall be the difference between—

(a) the amount of corporation tax payable by the company for the accounting period or accounting periods comprising the period to which the return, statement, declaration or accounts relate, and

(b) the amount which would have been the amount so payable if the return, statement, declaration or accounts had been correct.

(3) Subsection (3) of section 1053 shall apply for the purposes of this section as it applies for the purposes of section 1053 .