Commentary on Sections Part 5 - Penalties Sections 143-145 – Penalty for failure to keep and preserve records in connection with tax returns and claims
172.Section 143 provides for a penalty of a maximum of £3,000 for failure to keep and preserve records in compliance with section 38 or 69, with the exception that no penalty is incurred if other documentary evidence can show the same information. It will be for WRA to decide the level of penalty (up to the £3,000 maximum) in each case.
173.Section 144 provides for a person not being liable to a penalty under section 143 if the person satisfies WRA (or, on appeal, the tribunal) that there is a reasonable excuse for the failure. The section defines some circumstances which would not be accepted as a reasonable excuse.
174.Section 145 requires the WRA to assess the penalty and issue a notice to the liable person within a specified time period.