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HMRC internal manual

Enquiry Manual

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HM Revenue & Customs
Updated
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Penalties: formal assessments and determinations: submissions to the authorising officer

Make your EM5205 submission to the authorising officer, following the guidance Emapp2.

Make sure you cover the points in the following sub-headings.

  • “Particular Features” - the points in EM5207a on discussions and in EM5208 on transparency. This is also the place to highlight any delays in the case (beyond say two months).
  • “Penalties” - the points in EM5209 to EM5212 on offences, amounts, underlying tax etc and “in-built” penalties.
  • “Means” - the points in EM5213.
  • “Recommendations” - the points in EM5214 on cost-effectiveness.

For tax related penalties that are not explained in the Penalty Decision Action List (PDAC), you should enclose a narrative report using the AO Report Form. You can find this in SEES.