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Contents

Official guidance
Inheritance Tax Manual

IHTM36000 · Penalties

  • IHTM36001 · Summary
  • IHTM36002 · Introduction
  • IHTM36010 · Types of penalty
  • IHTM36021 · Late accounts: when to seek a penalty?
  • IHTM36022 · Late accounts: accounts subject to a penalty
  • IHTM36023 · Late accounts: penalties chargeable
  • IHTM36032 · Procedures for taking penalties on late accounts: who is responsible for requesting a penalty?
  • IHTM36033 · Procedures for taking penalties on late accounts: identifying late accounts
  • IHTM36034 · Procedures for taking penalties on late accounts: initial action in CG and PC&S
  • IHTM36041 · Penalty request letter: general
  • IHTM36042 · Penalty request letter: standard letter
  • IHTM36050 · Procedures for taking penalties on late accounts: no response to request for penalty
  • IHTM36051 · Procedures for taking penalties on late accounts: taxpayer claims reasonable excuse
  • IHTM36052 · Procedures for taking penalties on late accounts: formal penalty proceedings
  • IHTM36053 · Procedures for taking penalties on late accounts: settling the penalty enquiry
  • IHTM36061 · Reasonable excuse: general
  • IHTM36062 · Reasonable excuse: account lost or delayed in the post
  • IHTM36063 · Reasonable excuse: loss of financial records or other papers
  • IHTM36064 · Reasonable excuse: serious illness, absence or domestic problems
  • IHTM36065 · Reasonable excuse: bereavement
  • IHTM36066 · Reasonable excuse: not aware an account had to be delivered
  • IHTM36067 · Reasonable excuse: account, or the affairs of the deceased person, are too difficult
  • IHTM36068 · Reasonable excuse: pressure of work
  • IHTM36069 · Reasonable excuse: failure by an agent
  • IHTM36070 · Reasonable excuse: lack of information
  • IHTM36071 · Reasonable excuse: foreign grants
  • IHTM36081 · Failure to deliver an account: when can you seek a penalty?
  • IHTM36082 · Failure to deliver an account: penalties chargeable
  • IHTM36091 · Failure to deliver an Instrument of Variation where additional tax payable: when can you seek a penalty?
  • IHTM36092 · Failure to deliver an instrument of variation where additional tax payable: penalties chargeable
  • IHTM36101 · Incorrect account, information or document: when is an account, information or document incorrect?
  • IHTM36102 · Incorrect account, information or document: types of penalty
  • IHTM36103 · Incorrect account, information or document: s.247 (1) penalty
  • IHTM36104 · Incorrect account, information or document: s.247(3) penalty
  • IHTM36105 · Incorrect account, information or document: s.247(4) penalty
  • IHTM36106 · Incorrect account, information or document: s.248(1) penalty
  • IHTM36107 · Incorrect account, information or document: s.248(2) penalty
  • IHTM36108 · Incorrect account, information or document: time limit for seeking penalties
  • IHTM36122 · Investigating incorrect accounts, information or documents: when to consider penalties?
  • IHTM36123 · Investigating incorrect accounts, information or documents: criteria for considering penalties
  • IHTM36140 · Investigating incorrect accounts, information or documents: who is responsible for taking up penalty enquiries?
  • IHTM36142 · Investigating incorrect accounts, information or documents: initial action in Compliance Group
  • IHTM36143 · Investigating incorrect accounts, information or documents: consulting valuers
  • IHTM36144 · Investigating incorrect accounts, information or documents: risk assessing the potential penalty
  • IHTM36151 · Raising enquiries into incorrect accounts, information and documents: general approach
  • IHTM36152 · Raising enquiries into incorrect accounts, information and documents: initial questions
  • IHTM36153 · Raising enquiries into incorrect accounts, information and documents: undervaluations (general)
  • IHTM36154 · Raising enquiries into incorrect accounts, information and documents: undervaluations of land and buildings
  • IHTM36156 · Issuing leaflet IHT 13: when and why is an IHT 13 issued?
  • IHTM36157 · Issuing leaflet IHT 13: draft introductory wording for opening an investigation into an undervaluation
  • IHTM36158 · Issuing leaflet IHT 13: draft introductory wording for opening an investigation into an omission
  • IHTM36161 · Dealing with taxpayer's replies: general
  • IHTM36162 · Dealing with taxpayer's replies: do not make assumptions
  • IHTM36163 · Dealing with taxpayer's replies: inconsistency in taking up cases
  • IHTM36164 · Dealing with taxpayer's replies: claims that excess monetary deposits prevent a penalty being sought
  • IHTM36165 · Investigating incorrect accounts, information or documents: noting up penalty time limits
  • IHTM36166 · Investigating incorrect accounts, information or documents: death of person incurring a penalty
  • IHTM36167 · Investigating incorrect accounts, information or documents: deciding the amount of penalty due
  • IHTM36171 · Calculating the penalty: Board’s policy
  • IHTM36172 · Calculating the penalty: effect of criminal proceedings
  • IHTM36174 · Calculating the penalty: general approach
  • IHTM36175 · Calculating the penalty: de minimis limits for seeking a penalty
  • IHTM36176 · Calculating the penalty: culpable tax
  • IHTM36177 · Calculating the penalty: factors to take into account when abating a penalty
  • IHTM36178 · Calculating the penalty: penalties due on more than one asset
  • IHTM36181 · Disclosure: what does disclosure mean?
  • IHTM36182 · Disclosure: what to allow for disclosure?
  • IHTM36183 · Disclosure: additional abatement
  • IHTM36191 · Co-operation: what factors to take into account?
  • IHTM36192 · Co-operation: genuine disagreements and ‘external’ intervention
  • IHTM36193 · Co-operation: lack of co-operation by an agent
  • IHTM36201 · Gravity: what to take into account?
  • IHTM36202 · Gravity: size of underpayment
  • IHTM36203 · Gravity: calculating the abatement
  • IHTM36204 · Gravity: minor offences
  • IHTM36205 · Gravity: middle range offences
  • IHTM36206 · Gravity: more serious offences
  • IHTM36207 · Gravity: most serious offences
  • IHTM36208 · Gravity: section 248 penalties
  • IHTM36210 · Calculating the penalty: normal penalty loadings impracticable
  • IHTM36211 · Calculating the penalty: penalty calculation form
  • IHTM36222 · Negotiating a penalty: when to seek to agree a penalty
  • IHTM36223 · Negotiating a penalty: prior approval for expected offer
  • IHTM36224 · Negotiating the penalty: informing the taxpayer
  • IHTM36225 · Negotiating a penalty: establishing culpability
  • IHTM36226 · Negotiating a penalty: establishing fraud
  • IHTM36231 · Taxpayer does not make the expected offer: general
  • IHTM36232 · Taxpayer does not make the expected offer: normal negotiating limits
  • IHTM36233 · Taxpayer does not make the expected offer: culpability disputed
  • IHTM36234 · Taxpayer does not make the expected offer: culpability disputed but taxpayers prepared to make an acceptable offer
  • IHTM36235 · Taxpayer does not make the expected offer: payment of less than the expected offer made
  • IHTM36236 · Taxpayer does not make the expected offer: refusal to co- operate
  • IHTM36237 · Taxpayer does not make the expected offer: insufficient means
  • IHTM36240 · Negotiating a penalty: request for time to pay
  • IHTM36251 · Instalment offers: general
  • IHTM36252 · Instalment offers: considering formal instalment arrangements
  • IHTM36253 · Instalment offers: recalculating the penalty
  • IHTM36254 · Instalment offers: payments exceeding 2 years
  • IHTM36255 · Instalment offers: method of payment
  • IHTM36256 · Instalment offers: early settlement
  • IHTM36262 · Settling the penalty: acceptable offer made
  • IHTM36263 · Settling the penalty: checking the completed offer
  • IHTM36264 · Settling the penalty: correcting errors in the offer
  • IHTM36265 · Settling the penalty: taxpayer forwards own letter of offer
  • IHTM36266 · Settling the penalty: delay in accepting offer
  • IHTM36267 · Settling the penalty: letter of acceptance
  • IHTM36268 · Settling the penalty: administrative procedures
  • IHTM36271 · Improving future compliance: general approach
  • IHTM36272 · Improving future compliance: joint property
  • IHTM36274 · Improving future compliance: personal representatives employing agents
  • IHTM36275 · Improving future compliance: valuations of land
  • IHTM36276 · Improving future compliance: provisional estimates of value
  • IHTM36277 · Improving future compliance: funding problems of tax due on delivery of the IHT400
  • IHTM36280 · Incorrect account, information or document: repayment of penalty
  • IHTM36281 · Incorrect account, information or document: repayment of tax
  • IHTM36291 · Fraud: what is fraud?
  • IHTM36292 · Fraud: examples of fraud
  • IHTM36293 · Fraud: dealing with suspected fraud
  • IHTM36294 · Fraud: role of Fraud Investigation Service
  • IHTM36301 · Negligence: what is negligence?
  • IHTM36302 · Negligence: who must you show to be negligent?
  • IHTM36303 · Negligence: onus of proof
  • IHTM36311 · Innocent error: dealing with claims of innocent error
  • IHTM36312 · Innocent error: not aware of omitted asset or gift
  • IHTM36313 · Innocent error: did not know that asset or gift had to be declared
  • IHTM36314 · Innocent error: misinformed by a third party
  • IHTM36315 · Innocent error: agent's failure
  • IHTM36316 · Innocent error: advice given by IHT
  • IHTM36317 · Innocent error: information supplied to another part of HMRC
  • IHTM36320 · Negligence: miscalculation
  • IHTM36331 · Letters of offer: importance of correctness
  • IHTM36332 · Letters of offer: drafting the letter (general)
  • IHTM36333 · Letters of offer: checklist
  • IHTM36334 · Letters of offer: using precise terms
  • IHTM36335 · Letters of offer: consideration
  • IHTM36336 · Letters of offer: duties included
  • IHTM36337 · Letters of offer: taxpayer’s default
  • IHTM36338 · Letters of offer: interest and penalties
  • IHTM36339 · Letters of offer: amount of the offer
  • IHTM36340 · Letters of offer: date of payment
  • IHTM36341 · Letters of offer: excluded duties
  • IHTM36342 · Letters of offer: signature
  • IHTM36343 · Letters of offer: tax year
  • IHTM36344 · Letters of Offer: interest clause
  • IHTM36345 · Letters of Offer: instalment offers (general)
  • IHTM36346 · Letters of Offer: instalment offers (examples)
  • IHTM36351 · Standard letters of offer: specimen form of offer involving penalties only
  • IHTM36352 · Standard letters of offer: specimen form of offer involving tax, interest and penalties
  • IHTM36353 · Standard letters of offer: specimen form of offer involving penalties only, payable by instalments - England, Wales and Northern Ireland cases
  • IHTM36354 · Standard letters of offer: specimen form of offer involving tax, interest and penalties, payable by instalments - England, Wales and Northern Ireland cases
  • IHTM36355 · Standard letters of offer: specimen form of offer involving penalties only, payable by instalments - Scottish cases
  • IHTM36356 · Standard letters of offer: specimen form of offer involving tax, interest and penalties, payable by instalments - Scottish cases
  • IHTM36361 · Reports to Tax Administration, Litigation and Advice (TALA)
  • IHTM36362 · Reports to Tax Administration, Litigation and Advice (TALA): form of report
  • IHTM36371 · Recording penalties: general
  • IHTM36372 · Recording penalties: database for non-COMPASS penalties
  • IHTM36373 · Recording penalties: creating a penalty record on COMPASS
  • IHTM36374 · Recording penalties: opening a penalty record on COMPASS
  • IHTM36375 · Recording penalties: enquiry not required
  • IHTM36376 · Recording penalties: closing a penalty record on COMPASS
  • IHTM36377 · Recording penalties: entering data on the penalties database
  • IHTM36391 · Accounting procedures: bringing payment of penalty to account
  • IHTM36392 · Accounting procedures: payment not received by due date
  • IHTM36393 · Accounting procedures: defaulting taxpayer
  • IHTM36394 · Accounting procedures: repaying a penalty
  • IHTM36401 · Human Rights and penalties: introduction
  • IHTM36402 · Human Rights and penalties: Article 6 advice
  • IHTM36403 · Human Rights and penalties: what you should say in a letter
  • IHTM36404 · Human Rights and penalties: what you should say at a meeting
  • IHTM36405 · Human Rights and penalties: what to do if the taxpayer refuses to co- operate
  • IHTM36411 · Public Funding for penalty hearings: when is Public Funding available?
  • IHTM36412 · Public Funding for penalty hearings: when you must issue the Public Funding Leaflet
  • IHTM36413 · Public funding for penalty hearings: Public funding and s.245 penalties
  • IHTM36414 · Public funding for penalty hearings: requests for public funding leaflets
  • IHTM36031 · Procedures for taking penalties on late accounts: summary of procedures (chart)
  • IHTM36121 · Investigating incorrect accounts, information or documents: what to do when you have an incorrect account, information or document (chart)
  • IHTM36141 · Investigating incorrect accounts, information or documents: establishing whether a penalty is appropriate (chart)
  • IHTM36173 · Calculating the penalty: how to calculate a penalty (chart)
  • IHTM36221 · Negotiating a penalty: summary of procedures (chart)
  • IHTM36261 · Settling the penalty: summary of procedures (chart)
  • IHTM36273 · Improving future compliance: completing enquiries before delivering an account
  1. Penalties: contents
  2. Standard letters of offer: specimen form of offer involving tax, interest and penalties, payable by instalments - England, Wales and Northern Ireland cases

IHTM36354 | Standard letters of offer: specimen form of offer involving tax, interest and penalties, payable by instalments - England, Wales and Northern Ireland cases

From HM Revenue & Customs · Inheritance Tax Manual

To The Commissioners of HMRC

Whereas

A. We acknowledge and agree that the amount of £…………. as set out in the Statement on the back hereof is unpaid by reason wholly or in part of our default.

B. Liability to interest and penalties for the year to 5 April 1998 under the provisionsof the Inheritance Tax Act 1984 has been incurred by us as Personal Representatives of …………………… deceased,

Now

We the undersigned, (a) (Name) of (address), (b) (Name) of (address) and (c) (Name) of(address) as Personal Representatives of …………….. deceased herebyoffer in consideration of no proceedings being taken against us in respect of the said amount and interest and penalties, to pay to the Commissioners of HMRC the sum of £………. (“the said sum”) being £………..in respect of the said amount, together with £…….. in respect of the said interest andpenalties and the time granted.

If this offer is accepted by the Commissioners of HMRC so that a binding agreement isconstituted, we agree that it shall be subject to the following terms.

  1. The said sum shall be payable by instalments as shown below.

  2. If at any time any of the said instalments or any part thereof shall be in arrears and unpaid for the period of fourteen days after the time appointed for payment thereof then the whole of the outstanding balance of the said sum shall become immediately payable by us to the Commissioners of HMRC together with interest thereon at the rate applicable from time to time for the purposes of Section 233 Inheritance Tax Act 1984 or any amendment or re-enactment thereof, from the day when default shall be made in payment of such instalment or part thereof. Any such interest shall be paid without deduction of Income Tax.

  3. The Commissioners of HMRC shall be at liberty to appropriate any of the payments made by us under this agreement to or among any of the above liabilities.

  4. Notwithstanding the provisions of clause (2) above if the said sum shall not be paid by us by instalments as set out below then the Commissioners of HMRC shall be at liberty either to seek recovery from us under the said Agreement of the said sum or so much thereof as then remains unpaid, or to treat the Agreement as repudiated by us in which case such proceedings may be brought against us as may be necessary to recover the said penalties in respect thereof.

Instalments

Date………… Signed ……………….

Personal Representatives of deceased

(a)

(b)

(c)

- the back of the letter of offer

Statement of amount unpaid by reason wholly or in part of my default

Year to ……..

Nature of Duty ……………………………………..

Amount £………..

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