Penalties for inaccuracies in returns ― overview

Produced by Tolley in association with

Owner-Managed Businesses

Guidance

Introduction

As part of their modernisation of powers, deterrents and safeguards, HMRC introduced a harmonised penalty regime for errors in returns and documents with effect from 1 April 2009. The regime was extended to a wider range of taxes from 1 April 2010. The main legislation is found at FA 2007, s 97 and FA 2008, s 122. This legislation was brought in to simplify and harmonise the penalty regime across all of the major taxes.

HMRC has also provided the following factsheets: CC/FS7a regarding inaccuracies and CC/FS7b regarding under-assessments.

The main aim of the legislation was:

•
to align the penalty regime across direct and indirect taxes
•
to provide a deterrent to non-compliance by penalising those who fail to comply
•
to encourage the non-compliant to return voluntarily to compliance

It was also envisaged that the tiered approach under the regime would introduce fairer and more proportionate results for offences of differing levels of behaviour. HMRC made it clear in the consultation that it felt higher penalties were appropriate

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Philip Rutherford

Senior Tax Director at Molson Coors Brewing Company

Phil is the Senior Tax Director for Molson Coors' European operations. He has responsibility for both direct and indirect taxes across both EU and non-EU states. Prior to this, Phil was responsible for Molson Coors UK tax affairs covering all major taxes and duties. Phil trained at KPMG LLP, where he worked for 8 years, specialising in tax investigations across both direct and indirect tax.

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