Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Special circumstances

13 August 2013
Issue: 4415 / Categories: Tax cases , Admin , Business , Employees , Income Tax

Claygold Property Ltd (TC2717)

The taxpayer company was late in making payment of PAYE and National Insurance liabilities for 2010/11. HMRC imposed under FA 2009 sch 56 a penalty of £9 701 subsequently reduced to £6 151.

Schedule 56 para 16 provides there will be no fine if there is a reasonable excuse for the failure to pay on time but para 16(2) states:

  • an insufficiency of funds is not a reasonable excuse unless attributable to events outside an employer’s control;
  • the reliance on somebody else to do something is not a reasonable excuse unless reasonable care was taken to avoid failure; and
  • if there was a reasonable excuse for the failure that excuse is deemed to have continued if the failure is remedied without unreasonable delay once the excuse ceased.

The current penalty regime started...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.

back to top icon