64 Errors in taxpayers' documents
Finance (No 2) Act 2017 (2017 c 32) | Legislation

Avoidance etc

64  Errors in taxpayers' documents

(1)     Schedule 24 to FA 2007 (penalties for errors) is amended as set out in subsections (2) and (3).

(2)     After paragraph 3 insert—

“Errors related to avoidance arrangements
3A

(1)     This paragraph applies where a document of a kind listed in the Table in paragraph 1 is given to HMRC by a person (“P”) and the document contains an inaccuracy which—

(a)     falls within paragraph 1(2), and

(b)     arises because the document is submitted on the basis that particular avoidance arrangements (within the meaning of paragraph 3B) had an effect which in fact they did not have.

(2)     It is to be presumed that the inaccuracy was careless, within the meaning of paragraph 3, unless—

(a)     the inaccuracy was deliberate on P's part, or

(b)     P satisfies HMRC or (on an appeal notified to the tribunal) the tribunal that P took reasonable care to avoid inaccuracy.

(3)     In considering whether P took reasonable care to avoid inaccuracy, HMRC and (on an appeal notified to the tribunal) the tribunal must take no account of any evidence of any reliance by P on advice where the advice is disqualified.

(4)

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