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Contents

Official guidance
Enquiry Manual

EM6050 · Contract Settlements: Penalties

  • EM6051 · Calculation Outline
  • EM6052 · HMRC's Policy on Abatement
  • EM6053 · Abatement: Taxpayer to be Informed
  • EM6060 · Abatement - Structure
  • EM6061 · Abatement - Duties to be Included
  • EM6062 · Abatement - Two or More Tax Geared Penalties
  • EM6065 · Abatement - Factors
  • EM6070 · Abatement - Disclosure
  • EM6071 · Abatement - Extra Abatement for Disclosure
  • EM6072 · Abatement - Failure to Notify Chargeability
  • EM6075 · Abatement- Co-operation
  • EM6080 · Abatement - Seriousness
  • EM6085 · Abatement - Example 1
  • EM6086 · Abatement: Example 2
  • EM6087 · Abatement - Example 3
  • EM6088 · Abatement - Example 4
  • EM6089 · Abatement - Example 5
  1. Contract Settlements: Penalties: Contents
  2. Contract Settlements: Penalties: Abatement - Example 4

EM6088 | Contract Settlements: Penalties: Abatement - Example 4

From HM Revenue & Customs · Enquiry Manual

The guidance about contract settlements at EM6000+ only relates to direct tax. You must never include VAT or VAT penalties in a contract settlement.

This guidance does not apply to penalties for inaccuracies in returns or other documents with a filing date on or after 1 April 2009 where the return or document relates to a tax period beginning on or after 1 April 2008. Refer to the Compliance Handbook at CH82000+ for help with these penalties.

A company had always submitted audited accounts.

On challenge it was admitted that business profits had been diverted to its directors and full co-operation was given in quantifying the omissions.

Capital reconciliation statements prepared by the accountant established that the profits had knowingly been understated over a continuous period of 20 years by a total of £200,000 by use of fictitious purchase invoices.

The enquiry started in June 2004 and was concluded in December 2006.

Abatements
Disclosurecomplete disclosure on challenge20%
Co-operationexcellant throughout40%
Seriousnesssizeable omissions over a long period involving fraud10%
Total abatement-70%
Penalty loading-30%
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