SCHEDULES

SCHEDULE 21Penalties relating to offshore matters and offshore transfers

Amendments to Schedule 41 to the Finance Act 2008 (c. 9)

I18

After paragraph 13 insert—

13A

1

If a person who would otherwise be liable to a penalty of a percentage shown in column 1 of the Table (a “standard percentage”) has made a disclosure, HMRC must reduce the standard percentage to one that reflects the quality of the disclosure.

2

But the standard percentage may not be reduced to a percentage that is below the minimum shown for it—

a

for a prompted disclosure, in column 2 of the Table, and

b

for an unprompted disclosure, in column 3 of the Table.

3

Where the Table shows a different minimum for case A and case B—

a

the case A minimum applies if HMRC becomes aware of the failure less than 12 months after the time when the tax first becomes unpaid by reason of the failure;

b

otherwise, the case B minimum applies.

Standard %

Minimum % for prompted disclosure

Minimum % for unprompted disclosure

30%

case A: 10%

case B: 20%

case A: 0%

case B: 10%

37.5%

case A: 12.5%

case B: 25%

case A: 0%

case B: 12.5%

45%

case A: 15%

case B: 30%

case A: 0%

case B:15%

60%

case A: 20%

case B: 40%

case A: 0%

case B: 20%

70%

45%

30%

87.5%

53.75%

35%

100%

60%

40%

105%

62.5%

40%

125%

72.5%

50%

140%

80%

50%

150%

85%

55%

200%

110%

70%