Paragraph 13A F1
If a person who would otherwise be liable to a penalty of a percentage shown in column 1 of the Table (a “standard percentage”) has made a disclosure, HMRC must reduce the standard percentage to one that reflects the quality of the disclosure.
But the standard percentage may not be reduced to a percentage that is below the minimum shown for it—
for a prompted disclosure, in column 2 of the Table, and
for an unprompted disclosure, in column 3 of the Table.
Where the Table shows a different minimum for case A and case B—
the case A minimum applies if HMRC becomes aware of the failure less than 12 months after the time when the tax first becomes unpaid by reason of the failure;
otherwise, the case B minimum applies.
| Standard % | Minimum % for prompted disclosure | Minimum % for unprompted disclosure |
|---|---|---|
| 30% | case A: 10% case B: 20% | case A: 0% case B: 10% |
| 37.5% | case A: 12.5% case B: 25% | case A: 0% case B: 12.5% |
| 45% | case A: 15% case B: 30% | case A: 0% case B:15% |
| 60% | case A: 20% case B: 40% | case A: 0% case B: 20% |
| 70% | 45% | 30% |
| 87.5% | 53.75% | 35% |
| 100% | 60% | 40% |
| 105% | 62.5% | 40% |
| 125% | 72.5% | 50% |
| 140% | 80% | 50% |
| 150% | 85% | 55% |
| 200% | 110% | 70% |
Annotations
Textual amendments
- F1
Sch. 41 para. 13A inserted (with effect in accordance with reg. 2 of the commencing S.I.) by Finance Act 2016 (c. 24), s. 163(2), Sch. 21 para. 8; S.I. 2017/259, reg. 2
Notes on Schedule 41
Modifications
- C1
Sch. 41 modified (with effect in accordance with s. 42(2), Sch. 12 para. 29(1) of the amending Act) by Finance Act 2018 (c. 3), Sch. 12 paras. 33, 34
- C2
Sch. 41 applied (with modifications) (22.7.2020) by Finance Act 2020 (c. 14), Sch. 16 para. 11(6) (with Sch. 16 para. 11(7))
- C3
Sch. 41 applied (with modifications) (22.7.2020) by Finance Act 2020 (c. 14), Sch. 16 para. 13