Legislation – Finance Act 2026
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Finance Act 2026, Cross Heading: Sanctions: general is up to date with all changes known to be in force on or before 17 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Part 6 Chapter 3 Crossheading Sanctions-general:
- Pt. 15 excluded by S.I. 2026/331 reg. 19
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 15 excluded by S.I. 2026/331 reg. 19
Part 6Avoidance
Chapter 3Anti-avoidance information notices
Sanctions: general
200Extension of time periods
For the purposes of sections 189 to 199(sanctions), a failure of a person to do anything within a limited period of time is to be disregarded if the person did the thing within such further period of time, if any, as an officer of Revenue and Customs or the tribunal allowed.
201Reasonable excuse
For the purposes of sections 189(1)(a) (offence of failing to comply), 192 (criminal liability of responsible persons: no prosecution of recipient), 194 (penalty for failing to comply), 197 (penalty for disclosing) and 198 (penalty based on monies received)—
(a)
an insufficiency of funds is not a reasonable excuse unless attributable to events outside the person’s control,
(b)
if the person relies on any other person to do anything, that is not a reasonable excuse unless the first person took reasonable care to avoid the failure,
(c)
if the person had a reasonable excuse for the failure but the excuse has ceased, the person is to be treated as having continued to have the excuse if the failure is remedied without unreasonable delay after the excuse ceased, and
(d)
reliance on legal advice is to be taken automatically not to constitute a reasonable excuse if either—
(i)
the advice was not based on a full and accurate description of the facts, or
(ii)
the conclusions in the advice that the person relied upon were unreasonable.
202Double jeopardy
A person is not liable to a penalty under this Chapter in respect of anything in respect of which the person has been convicted of an offence.
203Assessment etc of penalties: application of Schedule 36 to FA 2008
(1)
The following paragraphs of Schedule 36 to FA 2008 apply as set out below.
(2)
Paragraph 46 (assessment of penalty) applies to—
(a)
(b)
a penalty under section 196 (inaccurate information) as it applies to a penalty under paragraph 40A of the Schedule.
(3)
Paragraph 51B(2) and (3) (assessment of a penalty for disclosure) apply to a penalty under section 197 (disclosure of a notice) as they apply to a penalty under paragraph 51B(1) of the Schedule.
(4)
Paragraph 49 (enforcement of penalty) applies to a penalty under sections 194 to 197 as it applies to a penalty under paragraphs 39, 40 and 40A of the Schedule and, in the case of a penalty under section 197 (disclosure of a notice), the reference to notification under paragraph 46 of the Schedule is to be read as a reference to notification under paragraph 51B(2)(b) of the Schedule).
(5)
Paragraph 51 (enforcement of a tax-related penalty) applies to a penalty under section 198 (penalties based on monies received) as it applies to a penalty under paragraph 50 of the Schedule.