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.