SCHEDULES

SCHEDULE 22Asset-based penalty for offshore inaccuracies and failures

PART 4Procedure

Assessment

I115

1

Where a person (P) becomes liable for an asset-based penalty under paragraph 1, HMRC must—

a

assess the penalty,

b

notify P, and

c

state in the notice—

i

the tax year to which the penalty relates, and

ii

the investigation period within which that tax year falls (see paragraph 6).

2

A penalty under paragraph 1 must be paid before the end of the period of 30 days beginning with the day on which notification of the penalty is issued.

3

An assessment—

a

is to be treated for procedural purposes in the same way as an assessment to tax (except in respect of a matter expressly provided for by this Schedule),

b

may be enforced as if it were an assessment to tax, and

c

may be combined with an assessment to tax.

4

An assessment of an asset-based penalty under paragraph 1 must be made within the period allowed for making an assessment of the standard offshore tax penalty to which the asset-based penalty relates (and where an asset-based penalty relates to more than one standard offshore tax penalty, the assessment must be made within the latest of those periods).

5

In this Part of this Schedule references to an assessment to tax, in relation to inheritance tax, are to a determination.