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%