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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 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.

TOBCSC8500 | Penalty notices: 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.

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

This factor is scored on the potential duty and VAT that would have been due on the notified seizures:

Potential revenue loss

AmountScore
£1 to £3 millionScore up to 5
Over £3 million to £6 millionScore up to 10
Over £6 millionScore up to 20

Summary of factors 1- 8

No.Brief descriptionMax points
1Breach of duty not to facilitate smuggling25
2Action taken to ensure compliance with duty10
3 and 4Supply chain policy (content and compliance)15
5Action on specified brands, countries and persons5
6Information on specified brands, countries and persons5
7Notified seizures (number size and nature)20
8Potential loss of duty and VAT.20
1- 8Total factors 1 - 8100

The maximum non-compliance score from the total of all 8 factors is 100 points. The basic penalty is thus calculated by expressing the computed non-compliance score as a fraction of 100 and multiplying this by the maximum penalty of £5 million.

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