Penalties

The penalties for failing to comply with HMRC’s information and inspection powers are to be found in FA 2008, Sch. 36, Part 7. Penalties can be charged under these provisions for:-

  • Failing to comply with an information notice
  • Deliberately obstructing an inspection that was approved by the Tribunal
  • Concealing, destroying or disposing of documents

 

The penalties under Part 7 are:-

  • A standard penalty of £300 for failing to comply with an information notice or deliberately obstructing an inspection
  • A daily penalty of £60 for every day that failure or obstruction continues after a standard penalty has been charged
  • A tax related penalty after a standard penalty has been charged.

 

Para. 47 provides a right of appeal against the standard and daily penalties, against either:-

  • The decision to charge a penalty
  • The amount of the penalty

A defence of reasonable excuse is provided by para. 45 against the imposition of a standard or daily penalty.

The provisions of Part 8 make it a criminal offence to conceal, destroy or dispose of documents that are subject to an information notice approved by the Tribunal. The person guilty of the offence under Part 8 is liable for a fine or imprisonment.

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