CH190644 - Publishing details of deliberate tax defaulters: The publication questions: Question 1 - Is this a relevant penalty?: What is a relevant penalty?

We can only publish a person’s details if we can answer ‘yes’ to all five publication questions at CH190620.

A relevant penalty is a penalty for one of the following.


A deliberate inaccuracy in the person’s return or other document  
FA07/Sch24/para1

CH81010
Deliberately supplying false information to, or withholding information from, a person with the intention of that person’s return being inaccurate  
 
 
FA07/Sch24/para1A



CH81010
Deliberately failing to comply with certain obligations  
FA08/Sch41/para1

CH71100
Deliberately issuing a tax invoice charging VAT when the person was not authorised to do so  
 
FA08/Sch41/para2


CH91350
Deliberately putting a product to a use that attracts a higher rate of excise duty  
FA08/Sch41/para3(1)

CH91400
Deliberately supplying a product knowing that it will be put to a use that attracts a higher rate of excise duty  
 
FA08/Sch41/para3(2)


CH91450
Deliberately handling goods that are subject to unpaid excise duty  
FA08/Sch41/para4

CH91550

The person may make arrangements to conceal their offence. A penalty for a deliberate and concealed offence is, by definition, deliberate and is therefore a relevant penalty.

In this guidance, we refer to the offences that result in relevant penalties as deliberate defaults, see CH190500.

Penalties for careless inaccuracies or for non-deliberate failures or wrongdoings are not relevant penalties.

See CH190646 for an example showing which penalties found as a result of an investigation are relevant penalties.

FA09/S94 (2)