CTM97570 - CTSA: group payment arrangements: late filing penalties
If any company in a group payment arrangement:
- files its return late enough to incur a tax-related penalty under FA98/SCH18/PARA18 (see CTM94000 onwards),
and
- there is a payment shortfall in the arrangement at the date on which the penalty is incurred,
the apportionment that the nominated company makes cannot relieve a late filing company of its liability to the tax-related penalty if there was an overall shortfall in the payments made under the group payment arrangement.
The payments made under a group payment arrangement are apportioned:
- for the purpose of calculating such a penalty only,
and
- without prejudice to the actual allocation of the money to the individual company records,
first
- to companies that have not incurred a tax-related penalty,
secondly
- to companies that have incurred a tax-related penalty of 10%,
finally
- to companies that have incurred a tax-related penalty of 20%.
COTAX cannot carry out this apportionment. If a company within a group payment arrangement is liable to a tax-related penalty you need to review carefully how COTAX has calculated the penalty. (See the On-line Company Tax Manual (COM) in the Penalties business area for guidance.)