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HMRC internal manual

Compliance Handbook

CH178250 - Sanctionable conduct by tax advisers: penalty for sanctionable conduct: Amount of penalty – before calculating a penalty

If we have determined that a tax adviser has engaged in sanctionable conduct, then we will issue them with a conduct notice. Once we have issued them with a conduct notice, we may then assess them for a penalty.

To work out the penalty amount we need to have regard to the following:

  • Whether there is potential lost revenue (PLR) “attributable” to the tax adviser’s sanctionable conduct (CH178220).
  • The minimum and maximum penalty amounts as set out in the legislation (CH178230).
  • Whether the tax adviser disclosed their sanctionable conduct to us (CH178260).
  • If so, the type of disclosure (prompted or unprompted) and the quality of that disclosure (telling, helping, giving) (CH178280).
  • Whether the adviser has previously been issued with any sanctionable conduct penalties.

    In special circumstances, we may agree to a special reduction, see CH178330. 
     

    FA12/SCH38/PARA26 as amended 

    FA12/SCH38/PARA27 as amended