I have a client. He has been a naughty boy. Undisclosed offshore rental income since 1997.
2015/16 S9A enquiry commenced late Aug 2017. Made full and prompt disclosure of his offshore rental income early Oct 2017. That his behaviour was deliberate is not in dispute. Tax and interest and penalties circa £70K. Years covered 1997/98 to 2014/15.
He is due the full reduction on penalties under "telling, helping, giving" but with a 10% restriction because his behaviour goes back longer than 3 years. This means that his details will potentially be going on the tax defaulters list, because he is not being given full penalty reduction.
As his dutiful tax adviser I am trying to defend his corner and stop his details being published.
I have found this:-
The wording "This means that the operation of the ‘10% restriction rule’ will not by itself lead to publication." is very helpful. However, it also says that this 'get-out' will not apply for offshore prompted penalty cases (which his is). What I don't know is from when did this 'offshore prompted penalty' point take effect?
So, I have also found this (referred to from the previous link):-
It states that publication can apply where (amongst other things) disclosure was not made for deliberate offshore non-disclosures (for periods upto 5/4/17) between the period 6/4/17 and 30/9/18, which of course my client did. So, by definition, does this mean that publication cannot apply?
Getting myself tied up in a few knots here. Some clarification from fresh eyes on how to interpret the HMRC guidance would be really useful please?