SCHEDULES
SCHEDULE 20Penalties for enablers of offshore tax evasion or non-compliance
PART 1Liability for penalty
8Reduction of penalty for disclosure etc by P
1
This paragraph applies for the purposes of paragraph 7.
2
P discloses a matter by—
a
telling HMRC about it,
b
giving HMRC reasonable help in relation to the matter (for example by quantifying an inaccuracy in a document, an inaccuracy attributable to the supply of false information or withholding of information or an under-assessment), and
c
allowing HMRC access to records for any reasonable purpose connected with resolving the matter (for example for the purpose of ensuring that an inaccuracy in a document, an inaccuracy attributable to the supply of false information or withholding of information or an under-assessment is fully corrected).
3
P assists HMRC in relation to an investigation leading to Q being charged with a relevant offence or found liable to a relevant penalty by—
a
assisting or encouraging Q to disclose all relevant facts to HMRC,
b
allowing HMRC access to records, or
c
any other conduct which HMRC considers assisted them in investigating or assessing Q’s liability to such a penalty.
4
Disclosure or assistance by P—
a
is “unprompted” if made at a time when P has no reason to believe that HMRC have discovered or are about to discover Q’s offshore tax evasion or non-compliance (including any inaccuracy in a document, supply of false information or withholding of information, or under-assessment), and
b
otherwise is “prompted”.
5
In relation to disclosure or assistance, “quality” includes timing, nature and extent.