Offshore penalties: how to avoid falling foul of strict tax rules

Severe penalties await those who fail to correct offshore tax non-compliance as the government firms up the rules for proposed ‘requirement to correct’ (RTC) and associated penalties applying to ‘failure to correct’ (FTC). Meg Wilson considers the implications for tax advisers and clients

The second Finance Bill of the year includes a requirement for people to correct historic offshore tax evasion and non-compliance. Based on draft legislation, those who fail to correct any non-compliance by 30 September 2018 will be liable to new penalties.

The penalties are going to be much harsher than those currently applicable and can be as high as 200% of the under-declared tax plus 10% of the value of the relevant asset.

Unlike other penalties, the new penalties will not take into account the cause of the non-compliance, so they will apply equally to those who failed to pay the correct amount of tax because of a careless error and those who deliberately evaded tax.

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