Penalties for Failure to Notify: Calculating the penalty: Introduction
The penalty for failure to notify, see CH71220, is based on the amount of tax or duty unpaid or tax the person is liable for because of the failure. This is the potential lost revenue, or PLR, see CH72620. You must work out the amount of the penalty by applying an appropriate percentage to the PLR depending on whether the failure to notify is
- deliberate and concealed, see CH72120
- deliberate but not concealed, see CH72160, or
- non-deliberate, see CH72200.
Most penalties will be calculated using the standard maximum penalty rates. Higher maximum penalties mat apply when offshore matters are involved, see CH73210.
Standard maximum penalty
The standard maximum penalty is
|Type of failure||Maximum penalty payable|
|Deliberate and concealed||100% of PLR|
|Deliberate not concealed||70% of PLR|
|Non-deliberate||30% of PLR|
Higher penalty for certain offshore matters
There may be higher maximum penalty percentages for a failure to notify where
- the failure involves an offshore matter and
- the tax at stake is income or capital gains tax
For more information about these higher penalty percentages and the circumstances in which they apply see CH73210+.
Reduction for disclosure - all penalties
You may reduce the penalty depending on the quality of the disclosure, see CH73220. The reduction may not reduce the penalty below a minimum amount, see CH73200.
Where a person has taken a significant period to correct their non-compliance in relation to either an onshore or offshore matter, or they would previously have been able to make a disclosure through one of HMRC’s offshore disclosure facilities, they can no longer expect HMRC to give them the full reduction for the quality of disclosure. A ‘significant period‘ is normally considered to be over 3 years but may be less where the overall disclosure covers a longer period.
If you consider that this may apply to your case, see CH73360 for further guidance.