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HMRC internal manual

Compliance Handbook

HM Revenue & Customs
, see all updates

Penalties for Failure to File on Time: Types of penalties for failure to file on time: Occasional returns and returns for periods of 6 months or more: 12 months further penalties: Offshore matter: Categories of overseas territories

This page currently only applies to returns

  • for income tax, capital gains tax and registered pension schemes
  • that involve an offshore matter , and
  • where the relevant filing obligation arises on or after 6 April 2012.

It does not apply to the Construction Industry Scheme (CIS), see CH62300+.

Amount of penalties involving an offshore matter

The Treasury decides which overseas territories fall into categories 1 and 3. They are specified by a Treasury Order. These Orders are made by Statutory Instrument.

See below the lists of category 1 and category 3 overseas territories. Any territories not within categories 1 and 3 are in category 2. The correct list to use depends on the date the when the return should have been filed.

Territories for returns that should have been filed before 24 July 2013 (PDF 17KB)

Territories for returns that should have been filed on or after before 24 July 2013 (PDF 16KB)

The Treasury may move a territory between categories. However, the categorisation only applies from the date on which the order comes into force.

So you must always check to make sure you identify the correct category that an overseas territory was in at the date when the person failed to file their return on time. You can then apply the appropriate penalty percentages in CH62290.