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Legislation
The Offshore Funds (Tax) Regulations 2009

CHAPTER 10 BREACHES OF REPORTING FUND REQUIREMENTS

  • Section 108 Types of breaches
  • Section 109 Consequences of minor breaches
  • Section 110 Differences between reported income and reportable income
  • Section 111 Provision of report that is incorrect or incomplete
  • Section 112 Cases where information is not provided
  • Section 113 Serious breaches
  • Section 114 Consequences of serious breaches
  • Section 115 Appeal against exclusion from the reporting fund regime
  1. Chapter 10 · BREACHES OF REPORTING FUND REQUIREMENTS
  2. Consequences of serious breaches

Regulation 114 | Consequences of serious breaches

From legislation.gov.uk

(1)This regulation applies if conditions A and B are met.

(2)Condition A is that—

(a)a reporting fund is in breach of a requirement imposed in this Part, and

(b)the breach is a serious breach.

(3)Condition B is that HMRC give notice to the fund—

(a)stating that the fund is in breach of a requirement imposed in this Part and that the breach is a serious breach, and

(b)specifying the serious breach.

(4)The fund is treated as a non-reporting fund for the reporting period in which HMRC give the notice and for all subsequent periods. This is subject to paragraphs (5) and (6).

(5)If regulation 113(4) applies, the fund is treated as a non-reporting fund for the reporting period in which the notice is given and for all subsequent periods.

(6)If regulation 113(5) applies, the fund is treated as a non-reporting fund for the reporting period in which the notice as varied is given and for all subsequent periods.

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