Misdeclaration penalty: Discretion, reasonable excuse, and mitigation: Change of tax periods
Please note: VAT Misdeclaration Penalty has been replaced by the Schedule 24 inaccuracy penalty for all accounting periods where the return period commences on or after 01/04/2008 and the due date is on or after 01/04/2009. Misdeclaration penalty will still apply where the due date is before 01/04/2009.
Please see the Compliance Handbook CH80000 Penalties for Inaccuracies for further details.
The following questions should be addressed when considering reasonable excuse
- Was the change of tax periods at the trader’s request?
- Was the change instigated by HMRC and agreed by the trader or was it compulsory?
- Did the trader receive written confirmation either by letter or a new certificate of registration?
- Was the trader operating unauthorised non-standard tax periods?