PART 10

Tax avoidance and evasion

Offshore activities

Offences relating to offshore income, assets and activities
166
1
After section 106A of TMA 1970 insert—

Offshore income, assets and activities

Offence of failing to give notice of being chargeable to tax
106B
1
A person who is required by section 7 to give notice of being chargeable to income tax or capital gains tax (or both) for a year of assessment and who has not given that notice by the end of the notification period commits an offence if—
a
the tax in question is chargeable (wholly or in part) on or by reference to offshore income, assets or activities, and
b
the total amount of income tax and capital gains tax that is chargeable for the year of assessment on or by reference to offshore income, assets or activities exceeds the threshold amount.
2
It is a defence for a person accused of an offence under this section to prove that the person had a reasonable excuse for failing to give the notice required by section 7.
3
In this section “the notification period” has the same meaning as in section 7 (see subsection (1C) of that section).

Offence of failing to deliver return
106C
1
A person who is required by a notice under section 8 to make and deliver a return for a year of assessment commits an offence if—
a
the return is not delivered by the end of the withdrawal period,
b
an accurate return would have disclosed liability to income tax or capital gains tax (or both) that is chargeable for the year of assessment on or by reference to offshore income, assets or activities, and
c
the total amount of income tax and capital gains tax that is chargeable for the year of assessment on or by reference to offshore income, assets or activities exceeds the threshold amount.
2
It is a defence for a person accused of an offence under this section to prove that the person had a reasonable excuse for failing to deliver the return.
3
In this section “the withdrawal period” has the same meaning as in section 8B (see subsection (6) of that section).

Offence of making inaccurate return
106D
1
A person who is required by a notice under section 8 to make and deliver a return for a year of assessment commits an offence if, at the end of the amendment period—
a
the return contains an inaccuracy the correction of which would result in an increase in the amount of income tax or capital gains tax (or both) that is chargeable for the year of assessment on or by reference to offshore income, assets or activities, and
b
the amount of that increase exceeds the threshold amount.
2
It is a defence for a person accused of an offence under this section to prove that the person took reasonable care to ensure that the return was accurate.
3
In this section “the amendment period” means the period for amending the return under section 9ZA.

Exclusions from offences under sections 106B to 106D
106E
1
A person is not guilty of an offence under section 106B, 106C or 106D if the capacity in which the person is required to give the notice or make and deliver the return is—
a
as a relevant trustee of a settlement, or
b
as the executor or administrator of a deceased person.
2
The Treasury may by regulations provide that a person is not guilty of an offence under section 106B, 106C or 106D if—
a
conditions specified in the regulations are met, or
b
circumstances so specified exist.
3
The conditions may (in particular) include conditions in relation to the income, assets or activities on or by reference to which the tax in question is chargeable.

Offences under sections 106B to 106D: supplementary provision
106F
1
Where a period of time is extended under subsection (2) of section 118 by HMRC, the tribunal or an officer (but not where a period is otherwise extended under that subsection), any reference in section 106B, 106C or 106D to the end of the period is to be read as a reference to the end of the period as so extended.
2
The Treasury may by regulations specify the amount (which must not be less than £25,000) that is to be the threshold amount for the purposes of sections 106B to 106D.
3
The Treasury may by regulations make provision as to the calculation for the purposes of sections 106B to 106D of—
a
the amount of tax that is chargeable on or by reference to offshore income, assets or activities, and
b
the increase in the amount of tax that is so chargeable as a result of correcting an inaccuracy.
4
In sections 106B to 106D and this section “offshore income, assets or activities” means—
a
income arising from a source in a territory outside the United Kingdom,
b
assets situated or held in a territory outside the United Kingdom, or
c
activities carried on wholly or mainly in a territory outside the United Kingdom.
5
In subsection (4), “assets” has the meaning given in section 21(1) of the 1992 Act, but also includes sterling.

Penalties for offences under sections 106B to 106D
106G
1
A person guilty of an offence under section 106B, 106C or 106D is liable on summary conviction—
a
in England and Wales, to a fine or to imprisonment for a term not exceeding 51 weeks or to both, and
b
in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.
2
In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (1)(a) to 51 weeks is to be read as a reference to 6 months.

Regulations under sections 106E and 106F
106H
1
This section makes provision about regulations under sections 106E and 106F.
2
If the regulations contain a reference to a document or any provision of a document and it appears to the Treasury that it is necessary or expedient for the reference to be construed as a reference to that document or that provision as amended from time to time, the regulations may make express provision to that effect.
3
The regulations—
a
may make different provision for different cases, and
b
may include incidental, supplemental, consequential and transitional provision and savings.
4
The regulations are to be made by statutory instrument.
5
An instrument containing the regulations is subject to annulment in pursuance of a resolution of the House of Commons.
2
The amendment made by this section comes into force on such day as the Treasury may by regulations made by statutory instrument appoint.
3
The regulations—
a
may appoint different days for different purposes, and
b
may include incidental, supplemental, consequential and transitional provision and savings.
4
The amendment made by this section does not have effect in relation to—
a
a failure to give a notice required by section 7 of TMA 1970,
b
a failure to make and deliver a return required by section 8 of TMA 1970, or
c
a return required by section 8 that contains an inaccuracy,
if the notice or return relates to a tax year before that in which the amendment comes into force.
S. 166 in force at 7.10.2017 for the purposes of the amendment made by that provision with effect in relation to the tax year commencing on 6.4.2017 and subsequent tax years by S.I. 2017/970, art. 2