CH178260 - Sanctionable conduct by tax advisers: penalty for sanctionable conduct: disclosure overview
Once we have determined the potential lost revenue (PLR) attributable to the tax adviser’s sanctionable conduct, we may need to adjust the penalty amount to reflect any disclosure made by the tax adviser.
If the tax adviser has made a disclosure, the final penalty amount should be adjusted to reflect:
- whether the disclosure was unprompted or prompted, see CH178270, and
- the quality of the disclosure, CH178280.
The quality of the disclosure is determined by the tax adviser:
- telling us about the sanctionable conduct (telling), see ( CH184300,)
- giving us reasonable help in quantifying the amount of tax loss because of the sanctionable conduct (helping), see ( CH184400,) and
- allowing us access to records for the purpose of checking how much tax loss is attributable to the sanctionable conduct (giving access), see ( CH184420.)
Unless there is a special reduction (see CH178330) the minimum penalty for sanctionable conduct is £7,500, even if the tax adviser makes a disclosure.
FA12/SCH38/PARA26 (3) - (7) as amended