SCHEDULES

SCHEDULE 16Penalties for enablers of defeated tax avoidance

PART 6Assessment of penalty

Assessment of penalty

19

1

Where a person is liable for a penalty under paragraph 1 HMRC must—

a

assess the penalty, and

b

notify the person.

2

If—

a

HMRC do not have all the information required to determine the amount or value of the relevant consideration within the meaning of paragraph 15, and

b

HMRC have taken all reasonable steps to obtain that information,

HMRC may assess the penalty on the basis of a reasonable estimate by HMRC of that consideration.

3

This paragraph is subject to—

a

paragraphs 21 and 22 (limits on when penalty may be assessed); and

b

Part 7 of this Schedule (requirement for opinion of GAAR Advisory Panel before penalty may be assessed).