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Commentary

V20.173 Landfill tax penalties

Part V20 Landfill tax

In line with other taxes, the landfill tax penalty regime is wide-ranging and complex. The main penalties are set out in this section.

Behaviour-based penalties

Behaviour-based penalties were introduced, effective from 1 April 2010, for errors in Landfill Tax Returns1 for failure to register or notify HMRC of a liability to register for landfill tax2.

In the event of a person making an error in a Landfill Tax return, a penalty is chargeable where the inaccuracy results in loss of tax to HMRC and where the behaviour causing the inaccuracy was either careless or deliberate. Not every inaccuracy will incur a penalty. A penalty is not due if a person takes reasonable care to complete a document correctly, even if it later turns out to be wrong.

The worse the behaviour, the more severe the potential penalty. So, the maximum penalty for a careless error is 30% of the tax unpaid. For a deliberate error, the

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