Skip to content
Solved
SearchBrowse
Sign in

Contents

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:Factor 2 - What action has the manufacturer taken to ensure they have complied with their legal duty? Maximum score 10 points.

TOBCSC8250 | Penalty notices:Factor 2 - What action has the manufacturer taken to ensure they have complied with their legal duty? Maximum score 10 points.

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

Tobacco Manufacturers have a duty under section 7A of the TPDA to not facilitate the smuggling of tobacco products. The legislation, information within Notice 477, and the issuing of an initial notice is designed to give manufacturers every opportunity to comply with their duty. HMRC will share information with the manufacturer and comment on the effectiveness of their controls. Where, in our opinion, the manufacturer could reasonably have done more to comply with his legal duty, they should be scored as follows:

Some action, but not comprehensivescore up to 5
Little or no actionscore up to 10
PreviousNext
PrivacyTerms