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Finance Act 2012

Part 4: Sanctions for dishonest conduct

37.Paragraph 26 says that a tax agent who engages in dishonest conduct is liable to a penalty.

38.Sub-paragraph (2) sets out the minimum and maximum amount of this penalty.

39.Sub-paragraphs (3)-(7) set out the factors to be taken into account in assessing the penalty, including whether the dishonest conduct was disclosed and the quality of that disclosure.

40.Paragraph 27 provides that where HMRC proposes to assess the minimum penalty for dishonest conduct, and there are special circumstances, HMRC may reduce a penalty, stay (desist from) proceedings, or agree a compromise in those proceedings.

41.Sub-paragraph (3) explains what does not constitute special circumstances.

42.Sub-paragraph (1) of paragraph 28 provides that HMRC may publish information about a tax agent who has incurred a penalty for dishonest conduct.

43.Sub-paragraph (2) sets out what information may be published.

44.Sub-paragraph (3) provides that no information may be published if a penalty has been reduced to or below the minimum.

45.Sub-paragraph (4) applies certain provisions of section 94 of FA 2009 to publishing information about a tax agent (time limits and the ability to make representations to HMRC).

46.Sub-paragraph (5) provides that information about an organisation (including a firm or business) may be published in order to make clear the identity of a tax agent who works for that organisation.

47.Sub-paragraph (6) provides an opportunity for that organisation to make representations about publication.

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