SDLTM82870 - Compliance: Concluding an enquiry

Contract settlements: Letters of offer: What should the acceptance include

The letter of offer should

  • set out the gross amount of the offer
  • show separately any amounts to be deducted

The deductions will normally be any amounts paid on account and the purchaser must agree to the set off. If the set off includes any repayment supplement it should be mentioned.

An appropriate wording might be

‘ less £…………….. repayment(s) with supplement due to me’

Where a certificate of tax deposit is to be tendered in settlement, or part settlement, the certificate should be mentioned in the letter of offer.

The compliance caseworker must be sure that the figures of deductions are correct. Any excessive deductions allowed could prove extremely difficult to recover subsequently.

When allocating any payments on account the compliance caseworker should distinguish between payments

  • allocated to a specific assessment
  • held as general payments on account.

The compliance caseworker should confirm with Accounts Payable Office, Cumbernauld that the relevant payments on account are still held and that they have not been used elsewhere before concluding the settlement .

If there is no interest to be included in the settlement there should be no reference to interest in the offer. Similarly if there is no penalty which could be included there should be no reference to penalties.

It will be comparatively rare to have a contract settlement without a penalty. If only tax and interest are to be collected the liabilities will normally be recovered by assessment.

A mention of penalties where a claim could be made (for example, a case in which the penalties have been wholly abated) would not invalidate the offer, but it is preferable to omit the mention.

(This text has been withheld because of exemptions in the Freedom of Information Act 2000)

(This text has been withheld because of exemptions in the Freedom of Information Act 2000)

(This text has been withheld because of exemptions in the Freedom of Information Act 2000)

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(This text has been withheld because of exemptions in the Freedom of Information Act 2000)