Paragraph 8 I1

(1)

This paragraph applies for the purposes of paragraph 7.

(2)

P discloses a matter by—

(a)

telling HMRC about it,

(b)

giving HMRC reasonable help in relation to the matter (for example by quantifying an inaccuracy in a document, an inaccuracy attributable to the supply of false information or withholding of information or an under-assessment), and

(c)

allowing HMRC access to records for any reasonable purpose connected with resolving the matter (for example for the purpose of ensuring that an inaccuracy in a document, an inaccuracy attributable to the supply of false information or withholding of information or an under-assessment is fully corrected).

(3)

P assists HMRC in relation to an investigation leading to Q being charged with a relevant offence or found liable to a relevant penalty by—

(a)

assisting or encouraging Q to disclose all relevant facts to HMRC,

(b)

allowing HMRC access to records, or

(c)

any other conduct which HMRC considers assisted them in investigating or assessing Q's liability to such a penalty.

(4)

Disclosure or assistance by P—

(a)

is “unprompted” if made at a time when P has no reason to believe that HMRC have discovered or are about to discover Q's offshore tax evasion or non-compliance (including any inaccuracy in a document, supply of false information or withholding of information, or under-assessment), and

(b)

otherwise is “prompted”.

(5)

In relation to disclosure or assistance, “quality” includes timing, nature and extent.

Annotations

Commencement

I1: Sch. 20 para. 8 in force at 1.1.2017 by S.I. 2016/1249, reg. 2