11. Appeals & Disputes The individual can appeal against amendments to the income tax return.
The appeal must normally be made within 30 days of the amendment.
The appeal must state the grounds of appeal.
The process of the appeals procedure is as per VAT chapter 25.
12. Penalties for incorrect returns The amount of penalty is based on the amount of tax understated, but the actual penalty payable is
linked to the taxpayer’s behaviour, as follows:
(a)
there will be no penalty where a taxpayer makes a genuine mistake.
(b)
there will be a moderate penalty (up to 30% of the understated tax) where a tax payer fails to
take reasonable care.
(c)
there will be a higher penalty (up to 70% of the understated tax) if error is deliberate.
(d)
there will be an even higher penalty (up to 100% of the understated tax) where there is also
concealment of the error.
A penalty will be substantially reduced where the taxpayer makes disclosure, especially unprompted
disclosure to HMRC.
See “Standard Penalties for Errors” in Rates and Allowances information provided in the exam
13. Income Tax Fraud There is a statutory o
ff
ence of evading income tax. The penalty may be up to seven years in prison
or an unlimited fine or both.
You may now attempt Practice Questions 36 & 37
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