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Finance Act 2016

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This is the original version (as it was originally enacted).

Assessment

15(1)Where a person (P) becomes liable for an asset-based penalty under paragraph 1, HMRC must—

(a)assess the penalty,

(b)notify P, and

(c)state in the notice—

(i)the tax year to which the penalty relates, and

(ii)the investigation period within which that tax year falls (see paragraph 6).

(2)A penalty under paragraph 1 must be paid before the end of the period of 30 days beginning with the day on which notification of the penalty is issued.

(3)An assessment—

(a)is to be treated for procedural purposes in the same way as an assessment to tax (except in respect of a matter expressly provided for by this Schedule),

(b)may be enforced as if it were an assessment to tax, and

(c)may be combined with an assessment to tax.

(4)An assessment of an asset-based penalty under paragraph 1 must be made within the period allowed for making an assessment of the standard offshore tax penalty to which the asset-based penalty relates (and where an asset-based penalty relates to more than one standard offshore tax penalty, the assessment must be made within the latest of those periods).

(5)In this Part of this Schedule references to an assessment to tax, in relation to inheritance tax, are to a determination.

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