SCHEDULES

SCHEDULE 41Penalties: failure to notify and certain VAT and excise wrongdoing

12Reductions for disclosure

1

Paragraph 13 provides for reductions in penalties under paragraphs 1 to 4 where P discloses a relevant act or failure

2

P discloses a relevant act or failure by—

a

telling HMRC about it,

b

giving HMRC reasonable help in quantifying the tax unpaid by reason of it, and

c

allowing HMRC access to records for the purpose of checking how much tax is so unpaid.

3

Disclosure of a relevant act or failure—

a

is “unprompted” if made at a time when the person making it has no reason to believe that HMRC have discovered or are about to discover the relevant act or failure, and

b

otherwise, is “prompted”.

4

In relation to disclosure “quality” includes timing, nature and extent.