Settlement by agreement: consideration of penalties: consider the statutory penalties
The Statutory penalty position must always be considered. For statute applying to periods before those to which Sch 24 FA 2007 and Sch 41 FA 2008 apply there is extensive advice in EM4500 and EM6050. For penalties under Sch 24 and Sch 41, see the Compliance Handbook.
We cannot seek a penalty in a negotiated settlement unless we could legitimately proceed along statutory lines if the negotiations failed.