FCIM207010 - Where CDF offer is made 30 June 2014 onwards: verifying the disclosure: submission of a detailed disclosure report

In appropriate cases, we would expect a more detailed Disclosure Report to be submitted so that we can establish the full extent of the fraud and irregularities included in the Outline Disclosure. The guidance at FCIM206040 describes what should be included as part of the Disclosure Report.

It should also include all the relevant supporting documents and explain the methods behind the calculation of any arrears. Where the customer’s records are incomplete a best estimate of the undeclared income, profits, gains etc will have been used to make the Outline Disclosure and the detailed Disclosure should also highlight any estimates that have been used. Generally speaking, any estimates should not be accepted without the customer being asked to justify them.

Where possible a calculation of the potential interest payable should also be included, which must take into account any increased liabilities on the payments on account that should have been made for subsequent years.

For non FA07 penalties the customer should offer a penalty in the disclosure, based on their interpretation of the legislation or after discussion with HMRC. The Report should provide an explanation of the mitigation applied to arrive at the penalty being offered.

For penalties arising for periods covered by FA07 you must follow the guidance in the Compliance Handbook.

In addition to providing the following certified documents it is expected that the customer will certify the Report and adopt it as being correct and complete a

• certificate and schedule of all financial accounts held
• certificate and schedule of all financial cards held
• statement of worldwide assets and liabilities at agreed dates.

These three certificates form part of the ‘formal disclosure’ which is required in every Contractual Disclosure Facility (CDF) case, whether or not a detailed Disclosure Report is made. The fourth element of the formal disclosure is a witnessed, signed and dated Certificate of Full Disclosure (CFD). The HMRC template must be used and any amended certificates will not be accepted. The CFD should not be sent with the detailed Disclosure, but would be required once the additional liabilities have been agreed.

It is a matter for the customer as to whether they, or their representative, prepare and submit the report. Any Disclosure that is headed ‘Without Prejudice’ should not be accepted.