28 Jul 2009, Judith Tydd, AccountancyAge
http://www.accountancyage.com/aa/news/1766962/hmrc-officially-kicks-tax-amnesty
HM Revenue & Customs has confirmed the details of a new disclosure opportunity designed to encourage taxpayers with unpaid taxes linked to offshore accounts to voluntarily disclose.
The amnesty also relates to unpaid taxes on assets, with an incentive of reduced penalties key to the regime.
Under the terms, taxpayers who make a disclosure between 1 September 2009 and 12 March 2010 will qualify for a 10% penalty if they are not customers of the five major retail banks targeted in the 2007 amnesty. These taxpayers will be subject to a 20% penalty.
Stephen Timms, financial secretary to the Treasury, said: 'I would urge anyone with offshore accounts holding untaxed income or gains to take advantage of this simple and straightforward scheme. Most offshore investors already pay the tax that the law requires and it’s only fair that everyone respects the rules.'
Dave Hartnett, permanent secretary for tax at HMRC, confirmed this will be the final opportunity for taxpayers with unpaid tax to voluntarily disclose under the favourable penalty structure.
Paul Roberts, head of tax investigations at Grant Thornton, said: 'Tax evaders who knowingly avoided disclosing their assets under the initial 2007 amnesty in the hope they would not be caught are likely to be feeling the heat now.
'In some extreme cases, individuals could face penalties of up to 100% of the tax due and in exceptional circumstances, a criminal investigation could follow. If any taxpayer in this situation receives a letter from their bank, they should consider taking advantage of the NDO or face serious consequences.'
According to Sue Holmes, head of tax investigations at Smith & Williamson, any taxpayers who attempt to avoid detection by the tax administration should 'think again, as HMRC will certainly be looking to prosecute those who choose to ignore this last chance'.
Chas Roy-Chowdhury, head of taxation at ACCA, said HMRC will 'dig a lot deeper if people do not disclose any unpaid taxes, and will use its legal power to seek information from banks'.
Andrew Watt, managing director of tax disputes and investigations at Alvarez & Marsal Taxand, said: 'Never before has a tax amnesty been undertaken on such a huge scale. The NDO is different to the previous amnesty in that it covers both customers of offshore banks and those of all building societies and financial institutions which provide offshore accounts or structures.'
Further Reading:
Low profile may limit amnesty’s success tax
HMRC holds private talks with profession over tax amnesty
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Visitor comments
Too little carrot, too little stick
Commentators are "bigging up" the likely response of HMRC to drum up business. Unfortunately, the tax authority has not put sufficient resources into publicising the NDO and has made a huge error in not extending the penalty reduction to include "onshore" only disclosures. Also, the ODF proved that HMRC not only doesn't give enough incentives for people to "'fess up" but they then don't really clobber the recalcitrants or the recidivists either. HMRC need to publicise the NDO, extend the deadline to 31/12/10 for complex cases, broaden it to include onshore "knock off" cases but at the same time Hartnett needs to prove he really does have his so-called "smoking howitzers" and get some big fish in the dock asap.
Posted by: Paul Lynam , 03 Aug 2009 | 00:00