Part 1 Liability for Penalty

SCHEDULE 20 Penalties for Enablers of Offshore Tax Evasion or Non-Compliance

Section 162

Part 1 Liability for Penalty

Liability for penalty

1

(1)     A penalty is payable by a person (P) who has enabled another person (Q) to carry out offshore tax evasion or non-compliance, where conditions A and B are met.

(2)     For the purposes of this Schedule—

(a)     Q carries out “offshore tax evasion or non-compliance†by—

(i)     committing a relevant offence, or

(ii)     engaging in conduct that makes Q liable (if the applicable conditions are met) to a relevant civil penalty,

where the tax at stake is income tax, capital gains tax or inheritance tax, and

(b)     P “has enabled†Q to carry out offshore tax evasion or non-compliance if P has encouraged, assisted or otherwise facilitated conduct by Q that constitutes offshore tax evasion or non-compliance.

(3)     The relevant offences are-

(a)     an offence of cheating the public revenue involving offshore activity, or

(b)     an offence under section 106A of TMA 1970 (fraudulent evasion of income tax) involving offshore activity,

(c)     an offence under section 106B, 106C or 106D of TMA 1970 (offences relating to certain failures to comply

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