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Official guidance
Tobacco: Anti-smuggling or the duty to avoid facilitating smuggling

TOBCSC8000 · Penalty Notices

  • TOBCSC8050 · When should a penalty notice be issued?
  • TOBCSC8100 · Factors to take into consideration
  • TOBCSC8150 · Determining the amount of the penalty
  • TOBCSC8200 · Factor 1 - The nature and extent of the breach of duty not to facilitate smuggling. Maximum score 25 points.
  • TOBCSC8250 · Factor 2 - What action has the manufacturer taken to ensure they have complied with their legal duty? Maximum score 10 points.
  • TOBCSC8300 · Factors 3 and 4 - The content of, and compliance with the manufacturers supply chain policy. Maximum score 15 points.
  • TOBCSC8350 · Factor 5 - What action has the manufacturer taken to in response to specified brands and countries? Maximum score 5 points.
  • TOBCSC8400 · Factor 6 - Has the manufacturer supplied us with the required information on specified brands and countries? Maximum score 5 points.
  • TOBCSC8450 · Factor 7 - the number, size and nature of notified seizures. Maximum score 20 points.
  • TOBCSC8500 · Factor 8 - Potential loss of duty and VAT on notified seizures during the six month period following the issuing of an initial notice. Maximum score 20 points.
  • TOBCSC8550 · Factor 9 - Any other factor the Commissioners think relevant
  • TOBCSC8600 · Who will calculate the penalty?
  • TOBCSC8650 · Authorisation of the penalty
  • TOBCSC8700 · Restarting the clock
  • TOBCSC8760 · Template for penalty notice
  1. Penalty Notices: contents
  2. Penalty notices: Determining the amount of the penalty

TOBCSC8150 | Penalty notices: Determining the amount of the penalty

From HM Revenue & Customs · Tobacco: Anti-smuggling or the duty to avoid facilitating smuggling

The following framework has been developed to provide a structure for calculating the amount of any penalty, ensuring that all of the factors above are taken into account, and any penalty is proportionate to the size and nature of the breach. Each of the first eight factors is assessed and allocated a points score. The total maximum score for all eight factors is 100. Factor nine acts effectively as the Commissioners’ discretion. Each factor should be assessed and scored as follows:

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