SCHEDULES

SCHEDULE 25Penalties for deliberately withholding information

PART 2Liability to a penalty

Reductions for disclosure

I17

1

Paragraph 8 provides for reductions in the penalty under this Schedule where the person discloses information which has been withheld by a failure to make a return (“relevant information”).

2

A person discloses relevant information that involves a domestic matter by—

a

telling HMRC about it,

b

giving HMRC reasonable help in quantifying any tax unpaid by reason of its having been withheld, and

c

allowing HMRC access to records for the purpose of checking how much tax is so unpaid.

3

A person discloses relevant information that involves an offshore matter or an offshore transfer by—

a

telling HMRC about it,

b

giving HMRC reasonable help in quantifying any tax unpaid by reason of its having been withheld,

c

allowing HMRC access to records for the purpose of checking how much tax is so unpaid, and

d

providing HMRC with additional information.

4

The Treasury must make regulations setting out what is meant by “additional information” for the purposes of sub-paragraph (3)(d).

5

Disclosure of relevant information—

a

is “unprompted” if made at a time when the person has no reason to believe that HMRC have discovered or are about to discover the relevant information, and

b

otherwise, is “prompted”.

6

In relation to disclosure “quality” includes timing, nature and extent.

7

Paragraph 4(4) to (6) applies to determine whether relevant information involves an offshore matter, an offshore transfer or a domestic matter.