SCHEDULES

SCHEDULE 18Requirement to correct certain offshore tax non-compliance

PART 1Liability for penalty for failure to correct

Correcting offshore tax non-compliance

13

1

This paragraph sets out how offshore tax non-compliance may be corrected.

2

References to the correction of offshore tax non-compliance of any description are to the taking of any action specified in this paragraph as a means of correcting offshore tax non-compliance of that description.

3

Offshore tax non-compliance consisting of a failure to notify chargeability may be corrected by—

a

giving the requisite notice to HMRC (unless before doing so the person has received a notice requiring the person to make and deliver a tax return) and giving HMRC the relevant information by any means mentioned in paragraph (b),

b

giving HMRC the relevant information—

i

by making and delivering a tax return,

ii

using the digital disclosure service or any other service provided by HMRC as a means of correcting tax non-compliance,

iii

communicating it to an officer of Revenue and Customs in the course of an enquiry into the person's tax affairs, or

iv

using a method agreed with an officer of Revenue and Customs.

4

In sub-paragraph (3) “relevant information” means information relating to offshore tax that—

a

had the requisite notice been given in time and the person given a notice to make and deliver a tax return, would have been required to be included in the tax return, and

b

would have enabled or assisted HMRC to calculate the offshore tax due.

5

Offshore tax non-compliance consisting of a failure to make or deliver a return or other document may be corrected by giving HMRC the relevant information by—

a

making or delivering the requisite return or document,

b

using the digital disclosure service or any other service provided by HMRC as a means of correcting tax non-compliance,

c

communicating it to an officer of Revenue and Customs in the course of an enquiry into the person's tax affairs, or

d

using a method agreed with an officer of Revenue and Customs.

6

In subsection (5) “relevant information” means information relating to offshore tax that—

a

should have been included in the return or other document, and

b

would have enabled or assisted HMRC to calculate the offshore tax due.

7

Offshore tax non-compliance consisting of making and delivering a return or other document containing an inaccuracy may be corrected by giving HMRC the relevant information by—

a

in the case of an inaccurate tax document, amending the document or delivering a new document,

b

using the digital disclosure service or any other service provided by HMRC as a means of correcting tax non-compliance,

c

communicating it to an officer of Revenue and Customs in the course of an enquiry into the person's tax affairs, or

d

using a method agreed with an officer of Revenue and Customs.

8

In sub-paragraph (7) “relevant information” means information relating to offshore tax that—

a

should have been included in the return but was not (whether due to an omission or the giving of inaccurate information), and

b

would have enabled or assisted HMRC to calculate the offshore tax due.

9

In this paragraph “offshore tax”, in relation to any offshore tax non-compliance, means tax corresponding to the offshore PLR in respect of the non-compliance.