SCHEDULES
SCHEDULE 21Penalties relating to offshore matters and offshore transfers
Amendments to Schedule 24 to the Finance Act 2007 (c. 11)
2
I21
Paragraph 9 (reductions for disclosure) is amended as follows.
I22
For sub-paragraph (A1) substitute—
A1
Paragraph 10 provides for reductions in penalties—
a
under paragraph 1 where a person discloses an inaccuracy that involves a domestic matter,
b
under paragraph 1A where a person discloses a supply of false information or withholding of information, and
c
under paragraph 2 where a person discloses a failure to disclose an under-assessment.
A2
Paragraph 10A provides for reductions in penalties under paragraph 1 where a person discloses an inaccuracy that involves an offshore matter or an offshore transfer.
A3
Sub-paragraph (1) applies where a person discloses—
a
an inaccuracy that involves a domestic matter,
b
a careless inaccuracy that involves an offshore matter,
c
a supply of false information or withholding of information, or
d
a failure to disclose an under-assessment.
I23
In sub-paragraph (1), in the words before paragraph (a), for the words from “an inaccuracy” to “under-assessment” substitute “
the matter
”
.
I1I34
After sub-paragraph (1) insert—
1A
Sub-paragraph (1B) applies where a person discloses—
a
a deliberate inaccuracy (whether concealed or not) that involves an offshore matter, or
b
an inaccuracy that involves an offshore transfer.
1B
A person discloses the inaccuracy by—
a
telling HMRC about it,
b
giving HMRC reasonable help in quantifying the inaccuracy,
c
allowing HMRC access to records for the purpose of ensuring that the inaccuracy is fully corrected, and
d
providing HMRC with additional information.
1C
The Treasury must make regulations setting out what is meant by “additional information” for the purposes of sub-paragraph (1B)(d).
1D
Regulations under sub-paragraph (1C) are to be made by statutory instrument.
1E
An instrument containing regulations under sub-paragraph (1C) is subject to annulment in pursuance of a resolution of the House of Commons.
I25
At the end insert—
4
Paragraph 4A(4) to (5) applies to determine whether an inaccuracy involves an offshore matter, an offshore transfer or a domestic matter for the purposes of this paragraph.