A penalty is chargeable if a person fails to comply with an information notice if they have not provided the information or produced the documents required by the date given in the notice, or in such further period of time as the officer has agreed (FA 2008, Sch. 36, para. 44). This is subject to any possible defence of reasonable excuse.
If the notice is partially complied with, the decision on whether to charge a penalty depends on whether the missing information is significant or if the compliance check can be completed without it. If appropriate, practitioners should draw the officer’s attention to the fact that the information provided is sufficient for the purposes of the check and that the missing information adds nothing of value.
Where the practitioner considers that the notice breaches the restrictions they should draw the matter to the attention of the officer, who may decide to withdraw the notice.