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Contents

Official guidance
Compliance Handbook

CH123000 · Offshore matters: requirement to correct certain offshore tax non-compliance

  • CH123050 · Overview - Schedule 18 Finance Act (No 2) 2017
  • CH123100 · Relevant offshore tax non-compliance
  • CH123150 · Type of non-compliance and dates of offence
  • CH123200 · Time limits - whether HMRC can make an assessment to recover tax on 6 April 2017
  • CH123250 · How the person can correct their offshore tax non-compliance
  • CH123260 · Time limit for corrections
  • CH123300 · Failure to correct - circumstances when a penalty is not due
  • CH123350 · Failure to correct - circumstances when a penalty is not due - special circumstances
  • CH123400 · Failure to correct - penalties - introduction
  • CH123405 · Failure to correct - penalties - amount of the penalty
  • CH123406 · Failure to correct - penalties - voluntary and non-voluntary disclosure
  • CH123407 · Failure to correct - penalties - reductions for quality of disclosure - introduction
  • CH123408 · Failure to correct – penalties - reductions for quality of disclosure - telling
  • CH123409 · Failure to correct - penalties - reductions for quality of disclosure - helping
  • CH123410 · Failure to correct - penalties - reductions for quality of disclosure - giving access
  • CH123425 · Failure to correct - publishing details of defaulters
  • CH123450 · Failure to correct - penalties - calculating the offshore potential lost revenue
  • CH123500 · Failure to correct - penalty assessments - procedures
  • CH123550 · Failure to correct - penalty assessments - time limits
  • CH123600 · Failure to correct - penalty assessments - double jeopardy
  • CH123650 · Failure to correct - penalty assessments - appeals
  1. Offshore matters: requirement to correct certain offshore tax non-compliance: contents
  2. Offshore matters: requirement to correct certain offshore tax non-compliance: failure to correct - penalty assessments - procedures

CH123500 | Offshore matters: requirement to correct certain offshore tax non-compliance: failure to correct - penalty assessments - procedures

From HM Revenue & Customs · Compliance Handbook

You must check the date from which these rules apply for the tax or duty you are dealing with. See CH123050 for full details.

Once we have established that a person is liable to a penalty we will normally assess the penalty. Alternatively in direct tax cases, the person can make us an offer to settle the tax, interest and penalties by contract settlement, see EM6000.

The penalty assessment is enforceable in the same way as an assessment ‘to tax’. This means that the rules that apply to the tax or duty to which that penalty relates also apply to the penalty assessment. So for Inheritance Tax, for example, the penalty assessment is enforceable in the same way as a notice of determination.

Procedure for assessing the penalty

When you assess a penalty or penalties you must

  • assess the penalty

  • notify the person, and

  • state in the notice

  • the uncorrected relevant offshore tax non-compliance to which the penalty relates, and

  • the tax period to which the offshore tax non-compliance relates.

A penalty must be paid before the end of the period of 30 days beginning with the day on which notification of the penalty is issued.

A person may appeal against

  • HMRC’s decision that a penalty is payable by that person, or

  • the amount of the penalty.

Section 67 and Schedule 18 Finance Act (No 2) 2017

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