EM6088 - Contract Settlements: Penalties: Abatement - Example 4
The guidance about contract settlements at EM6000+ only relates to direct tax. You must never include VAT or VAT penalties in a contract settlement.
This guidance does not apply to penalties for inaccuracies in returns or other documents with a filing date on or after 1 April 2009 where the return or document relates to a tax period beginning on or after 1 April 2008. Refer to the Compliance Handbook at CH82000+ for help with these penalties.
A company had always submitted audited accounts.
On challenge it was admitted that business profits had been diverted to its directors and full co-operation was given in quantifying the omissions.
Capital reconciliation statements prepared by the accountant established that the profits had knowingly been understated over a continuous period of 20 years by a total of £200,000 by use of fictitious purchase invoices.
The enquiry started in June 2004 and was concluded in December 2006.
| Abatements | ||
|---|---|---|
| Disclosure | complete disclosure on challenge | 20% |
| Co-operation | excellant throughout | 40% |
| Seriousness | sizeable omissions over a long period involving fraud | 10% |
| Total abatement | - | 70% |
| Penalty loading | - | 30% |