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Contents

Official guidance
Compliance Handbook

CH72000 · Penalties for Failure to Notify: Types of failure to notify

  • CH72100 · The three types of failure
  • CH72120 · Deliberate and concealed
  • CH72140 · Deliberate and concealed - Examples
  • CH72160 · Deliberate but not concealed
  • CH72180 · Deliberate but not concealed - Examples
  • CH72200 · Non-deliberate
  • CH72220 · Non-deliberate - Examples
  • CH72240 · Onus of proof
  • CH72260 · Level of proof
  1. Penalties for Failure to Notify: Types of failure to notify: contents
  2. Penalties for Failure to Notify: Types of failure to notify: Deliberate and concealed

CH72120 | Penalties for Failure to Notify: Types of failure to notify: Deliberate and concealed

From HM Revenue & Customs · Compliance Handbook

A failure to notify, see CH71220, is deliberate and concealed if the person

  • knows that they are required to notify us about the relevant obligation, see CH71300,

  • is able to do so, but

  • does not do so and takes active steps to conceal the fact that they are required to do so.

Concealing the fact that they should have notified us about a relevant obligation is the most serious level of evasion.

The act of concealment may include

  • creating false evidence of a non-taxable source to explain undisclosed taxable income

  • creating false stock records

  • creating false invoices to support inaccurate figures of turnover

  • backdating or postdating contracts or invoices

  • destroying books and records so that they should not be available

  • creating sales records that deliberately understate the value of the goods sold, the balance of the full price being paid separately to the person

  • concealing excise goods on which the duty has not been paid or deferred with ‘innocent’ goods.

Although the penalties for deliberate inaccuracies are civil monetary penalties, we also have a criminal investigation policy and will refer the most serious cases for consideration of criminal proceedings where appropriate.

For practical examples of deliberate failure to notify with concealment see CH72140.

FA08/SCH41/PARA5 (1)(a)

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