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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: Factor 6 - Has the manufacturer supplied us with the required information on specified brands and countries? Maximum score 5 points.

TOBCSC8400 | Penalty notices: Factor 6 - Has the manufacturer supplied us with the required information on specified brands and countries? Maximum score 5 points.

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

Information requirements for specified brands, countries and or persons are covered in section TOBSC4100 of this guidance.

Where the manufacturer has made every reasonable effort to comply with the information requirements HMRC should allocate a nil score. Where a manufacturer has not provided the information without reasonable excuse, or they have failed to take steps to ensure its future availability, they should score up to five points. (General information on ‘reasonable excuse’ is available in Notice 477)

The first six factors score a maximum of 60 points and allow for discretion at each stage.

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