SCHEDULES

SCHEDULE 21Penalties relating to offshore matters and offshore transfers

Amendments to Schedule 55 to the Finance Act 2009 (c.10)

12

After paragraph 15 insert—

“15A

(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)

in the case of a prompted disclosure, in column 2 of the Table, and

(b)

in the case of an unprompted disclosure, in column 3 of the Table.

Standard %

Minimum % for prompted disclosure

Minimum % for unprompted disclosure

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%

(3)

But HMRC must not under this paragraph reduce a penalty below £300.”