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HMRC internal manual

Compliance Handbook

CH178230 - Sanctionable conduct by tax advisers: penalty for sanctionable conduct: maximum and minimum penalties

Penalties are calculated based on the potential lost revenue (PLR) attributable to the tax adviser’s sanctionable conduct.

The minimum penalty for sanctionable conduct is £7,500. Where the PLR cannot be determined, or there is no attributable PLR, the minimum penalty of £7,500 should be used.

The maximum penalty is

  • 70% of the PLR up to £1m for the first penalty
  • 85% of the PLR up to £5m for the second to fifth penalty in a 20 year period (where no more than four years have elapsed between penalties)
  • 100% of the PLR with no maximum amount for the sixth or subsequent penalty in a 20 year period (where no more than four years have elapsed between penalties)

We must also have regard to any disclosure by the tax adviser when assessing the penalty amount. A penalty is reduced based on the quality of the disclosure. The minimum penalty percentages are:

  • 35% of the PLR for prompted disclosure (see CH178270)
  • 20% of the PLR for unprompted disclosure (see CH178270)

Unless there is a special reduction, see CH178330, the minimum penalty for sanctionable conduct remains £7,500 even where the tax adviser makes a disclosure.

FA12/SCH38/PARA26 (3) - (7) as amended