SCHEDULES

SCHEDULE 21Penalties relating to offshore matters and offshore transfers

Section 163

Amendments to Schedule 24 to the Finance Act 2007 (c. 11)

1

Schedule 24 to FA 2007 (penalties for errors) is amended as follows.

2

1

Paragraph 9 (reductions for disclosure) is amended as follows.

2

For sub-paragraph (A1) substitute—

A1

Paragraph 10 provides for reductions in penalties—

a

under paragraph 1 where a person discloses an inaccuracy that involves a domestic matter,

b

under paragraph 1A where a person discloses a supply of false information or withholding of information, and

c

under paragraph 2 where a person discloses a failure to disclose an under-assessment.

A2

Paragraph 10A provides for reductions in penalties under paragraph 1 where a person discloses an inaccuracy that involves an offshore matter or an offshore transfer.

A3

Sub-paragraph (1) applies where a person discloses—

a

an inaccuracy that involves a domestic matter,

b

a careless inaccuracy that involves an offshore matter,

c

a supply of false information or withholding of information, or

d

a failure to disclose an under-assessment.

3

In sub-paragraph (1), in the words before paragraph (a), for the words from “an inaccuracy” to “under-assessment” substitute “the matter”.

4

After sub-paragraph (1) insert—

1A

Sub-paragraph (1B) applies where a person discloses—

a

a deliberate inaccuracy (whether concealed or not) that involves an offshore matter, or

b

an inaccuracy that involves an offshore transfer.

1B

A person discloses the inaccuracy by—

a

telling HMRC about it,

b

giving HMRC reasonable help in quantifying the inaccuracy,

c

allowing HMRC access to records for the purpose of ensuring that the inaccuracy is fully corrected, and

d

providing HMRC with additional information.

1C

The Treasury must make regulations setting out what is meant by “additional information” for the purposes of sub-paragraph (1B)(d).

1D

Regulations under sub-paragraph (1C) are to be made by statutory instrument.

1E

An instrument containing regulations under sub-paragraph (1C) is subject to annulment in pursuance of a resolution of the House of Commons.

5

At the end insert—

4

Paragraph 4A(4) to (5) applies to determine whether an inaccuracy involves an offshore matter, an offshore transfer or a domestic matter for the purposes of this paragraph.

3

In paragraph 10 (amount of reduction for disclosure), for the Table in sub-paragraph (2) substitute—

Standard %

Minimum % for prompted disclosure

Minimum % for unprompted disclosure

30%

15%

0%

70%

35%

20%

100%

50%

30%

4

After paragraph 10 insert—

10A

1

If a person who would otherwise be liable to a penalty of a percentage shown in column 1 of the Table (a “standard percentage”) has made a disclosure, HMRC must reduce the standard percentage to one that reflects the quality of the disclosure.

2

But the standard percentage may not be reduced to a percentage that is below the minimum shown for it—

a

in the case of a prompted disclosure, in column 2 of the Table, and

b

in the case of an unprompted disclosure, in column 3 of the Table.

Standard %

Minimum % for prompted disclosure

Minimum % for unprompted disclosure

30%

15%

0%

37.5%

18.75%

0%

45%

22.5%

0%

60%

30%

0%

70%

45%

30%

87.5%

53.75%

35%

100%

60%

40%

105%

62.5%

40%

125%

72.5%

50%

140%

80%

50%

150%

85%

55%

200%

110%

70%

Amendments to Schedule 41 to the Finance Act 2008 (c. 9)

5

Schedule 41 to FA 2008 (penalties: failure to notify etc) is amended as follows.

6

1

Paragraph 12 (reductions for disclosure) is amended as follows.

2

For sub-paragraph (1) substitute—

1

Paragraph 13 provides for reductions in penalties—

a

under paragraph 1 where P discloses a relevant failure that involves a domestic matter, and

b

under paragraphs 2 to 4 where P discloses a relevant act or failure.

1A

Paragraph 13A provides for reductions in penalties under paragraph 1 where P discloses a relevant failure that involves an offshore matter or an offshore transfer.

1B

Sub-paragraph (2) applies where P discloses—

a

a relevant failure that involves a domestic matter,

b

a non-deliberate relevant failure that involves an offshore matter, or

c

a relevant act or failure giving rise to a penalty under any of paragraphs 2 to 4.

3

In sub-paragraph (2), for “a” substitute “the”.

4

After sub-paragraph (2) insert—

2A

Sub-paragraph (2B) applies where P discloses—

a

a deliberate relevant failure (whether concealed or not) that involves an offshore matter, or

b

a relevant failure that involves an offshore transfer.

2B

P discloses the failure by—

a

telling HMRC about it,

b

giving HMRC reasonable help in quantifying the tax unpaid by reason of it,

c

allowing HMRC access to records for the purpose of checking how much tax is so unpaid, and

d

providing HMRC with additional information.

2C

The Treasury must make regulations setting out what is meant by “additional information” for the purposes of sub-paragraph (2B)(d).

2D

Regulations under sub-paragraph (2C) are to be made by statutory instrument.

2E

An instrument containing regulations under sub-paragraph (2C) is subject to annulment in pursuance of a resolution of the House of Commons.

5

At the end insert—

5

Paragraph 6A(4) to (5) applies to determine whether a failure involves an offshore matter, an offshore transfer or a domestic matter for the purposes of this paragraph.

6

In this paragraph “relevant failure” means a failure to comply with a relevant obligation.

7

In paragraph 13 (amount of reduction for disclosure), for the Table in sub-paragraph (3) substitute—

Standard %

Minimum % for prompted disclosure

Minimum % for unprompted disclosure

30%

case A: 10%

case A: 0%

case B: 20%

case B: 10%

70%

35%

20%

100%

50%

30%

8

After paragraph 13 insert—

13A

1

If a person who would otherwise be liable to a penalty of a percentage shown in column 1 of the Table (a “standard percentage”) has made a disclosure, HMRC must reduce the standard percentage to one that reflects the quality of the disclosure.

2

But the standard percentage may not be reduced to a percentage that is below the minimum shown for it—

a

for a prompted disclosure, in column 2 of the Table, and

b

for an unprompted disclosure, in column 3 of the Table.

3

Where the Table shows a different minimum for case A and case B—

a

the case A minimum applies if HMRC becomes aware of the failure less than 12 months after the time when the tax first becomes unpaid by reason of the failure;

b

otherwise, the case B minimum applies.

Standard %

Minimum % for prompted disclosure

Minimum % for unprompted disclosure

30%

case A: 10%

case A: 0%

case B: 20%

case B: 10%

37.5%

case A: 12.5%

case A: 0%

case B: 25%

case B: 12.5%

45%

case A: 15%

case A: 0%

case B: 30%

case B:15%

60%

case A: 20%

case A: 0%

case B: 40%

case B: 20%

70%

45%

30%

87.5%

53.75%

35%

100%

60%

40%

105%

62.5%

40%

125%

72.5%

50%

140%

80%

50%

150%

85%

55%

200%

110%

70%

Amendments to Schedule 55 to the Finance Act 2009 (c.10)

9

Schedule 55 to FA 2009 (penalty for failure to make returns etc) is amended as follows

10

1

Paragraph 14 (reductions for disclosure) is amended as follows.

2

At the beginning insert—

A1

In this paragraph, “relevant information” means information which has been withheld by a failure to make a return.

3

In sub-paragraph (1)—

a

after “6(3) or (4)” insert “where P discloses relevant information that involves a domestic matter”;

b

for the words from “information which” to the end substitute “relevant information”.

4

After sub-paragraph (1) insert—

1A

Paragraph 15A provides for reductions in the penalty under paragraph 6(3) or (4) where P discloses relevant information that involves an offshore matter or an offshore transfer.

1B

Sub-paragraph (2) applies where—

a

P is liable to a penalty under paragraph 6(3) or (4) and P discloses relevant information that involves a domestic matter, or

b

P is liable to a penalty under any of the other provisions mentioned in sub-paragraph (1) and P discloses relevant information.

5

After sub-paragraph (2) insert—

2A

Sub-paragraph (2B) applies where P is liable to a penalty under paragraph 6(3) or (4) and P discloses relevant information that involves an offshore matter or an offshore transfer.

2B

P discloses relevant information by—

a

telling HMRC about it,

b

giving HMRC reasonable help in quantifying any tax unpaid by reason of its having been withheld,

c

allowing HMRC access to records for the purpose of checking how much tax is so unpaid, and

d

providing HMRC with additional information.

2C

The Treasury must make regulations setting out what is meant by “additional information” for the purposes of sub-paragraph (2B)(d).

2D

Regulations under sub-paragraph (2C) are to be made by statutory instrument.

2E

An instrument containing regulations under sub-paragraph (2C) is subject to annulment in pursuance of a resolution of the House of Commons.

6

At the end insert—

5

Paragraph 6A(4) to (5) applies to determine whether relevant information involves an offshore matter, an offshore transfer or a domestic matter for the purposes of this paragraph.

11

In paragraph 15 (amount of reduction for disclosure), for the Table in sub-paragraph (2) substitute—

Standard %

Minimum % for prompted disclosure

Minimum % for unprompted disclosure

70%

35%

20%

100%

50%

30%

12

After paragraph 15 insert—

15A

1

If a person who would otherwise be liable to a penalty of a percentage shown in column 1 of the Table (a “standard percentage”) has made a disclosure, HMRC must reduce the standard percentage to one that reflects the quality of the disclosure.

2

But the standard percentage may not be reduced to a percentage that is below the minimum shown for it—

a

in the case of a prompted disclosure, in column 2 of the Table, and

b

in the case of an unprompted disclosure, in column 3 of the Table.

Standard %

Minimum % for prompted disclosure

Minimum % for unprompted disclosure

70%

45%

30%

87.5%

53.75%

35%

100%

60%

40%

105%

62.5%

40%

125%

72.5%

50%

140%

80%

50%

150%

85%

55%

200%

110%

70%

3

But HMRC must not under this paragraph reduce a penalty below £300.