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Official guidance
Compliance Handbook

CH63100 · Penalties for failure to file on time: Calculating the penalty: Penalty reductions for disclosure

  • CH63120 · Overview
  • CH63140 · Unprompted and prompted disclosure
  • CH63160 · Penalties for failure to file on time: Penalty deductions for disclosure: Determining unprompted or prompted disclosure
  • CH63180 · Examples of unprompted or prompted disclosure
  • CH63200 · The penalty percentage ranges and minimum penalties
  • CH63220 · Quality of disclosure
  • CH63240 · Determining the quality of disclosure
  • CH63260 · Telling
  • CH63280 · Helping
  • CH63300 · Giving access
  • CH63310 · Timing of the disclosure
  • CH63320 · Determining the quality of disclosure - Examples
  • CH63340 · Disclosure involving an offshore matter
  1. Penalties for failure to file on time: Calculating the penalty: Penalty reductions for disclosure: contents
  2. Penalties for failure to file on time: Penalty deductions for disclosure: Determining unprompted or prompted disclosure

CH63160 | Penalties for failure to file on time: Penalty deductions for disclosure: Determining unprompted or prompted disclosure

From HM Revenue & Customs · Compliance Handbook

Whether a disclosure is unprompted or prompted is an objective test. It is not what the person believed but what the particular facts and circumstances gave the person reason to believe, taking into account their circumstances and abilities.

A national campaign highlighting an activity or liability on which HMRC will be concentrating does not stop a disclosure from being unprompted.

However a disclosure is prompted if a person makes the disclosure after

  • they become aware that we have obtained, or were about to obtain, information about something that they have withheld by not filing the return, or

  • we have contacted them regarding the particular tax or activity to which the obligation to file relates, or

  • during the course of a compliance check concerning one tax liability, it becomes apparent that they have failed to file a return for another tax or duty.

For practical examples of unprompted or prompted disclosure, see CH63180.

FA09/SCH55/PARA14

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