There are higher penalties for taxpayers evading Income Tax and Capital Gains Tax relating to offshore matters. HMRC’s compliance check notice entitledHigher penalties for offshore matters, has recently been updated to include details about penalties under the Requirement to Correct (RTC) legislation.

The RTC rules apply to any person with undeclared UK Income Tax, Capital Gains Tax and/or Inheritance Tax liability concerning offshore matters or transfers relating to offshore tax non-compliance committed before 6 April 2017 (i.e. up to and including the 2015-16 tax year). With effect from 1 October 2018, any new disclosure relating to this (pre-6 April 2017) period will be subject to the new failure to correct (FTC) penalties. The FTC standard penalty will start at 200% of any tax liability not disclosed under the RTC, and cannot be reduced to less than 100% even with mitigation.

The existing penalty regime for other offshore matters remains as before, and is linked to the tax transparency of the territory in which the income or gain arises. There are three separate categories which correspond to the three penalty levels:

• Where the income or gain arises in a territory in ‘category 1’, the maximum penalty rate is 100% of the tax. These are territories that have agreed to exchange information automatically with the UK.
• Where the income or gain arises in a territory in ‘category 2’, the maximum penalty rate is 150% of the tax. These are territories that have agreed to exchange information with the UK but only when asked.
• Where the income or gain arises in a territory in ‘category 3’, the maximum penalty rate is 200% of the tax. These are territories that have not agreed to exchange information with the UK.

A breakdown of which territory is in which category can be found on the GOV.UK website. In certain circumstances, HMRC may reduce the amount of penalties due. The largest reductions are for unprompted disclosures. The penalty levied can also vary depending on whether the errors are careless, non-deliberate, deliberate or deliberate and concealed.

The Requirement to Correct (RTC) legislation created a new statutory obligation for taxpayers with undeclared UK tax liabilities that involve offshore matters. The RTC applies to any person with undeclared UK Income Tax, Capital Gains Tax and/or Inheritance Tax liability concerning offshore matters or transfers relating to offshore tax non-compliance committed before 6 April 2017.

Information that is required to be provided to HMRC under the RTC rules must be provided to HMRC by 30 September 2018. This date coincides with the date when more than 100 countries will exchange data on financial accounts under the Common Reporting Standard (CRS). This data will significantly enhance HMRC’s ability to detect offshore non-compliance and it is in taxpayers’ interests to correct any non-compliance before that data is received.

Once the deadline ends, any new disclosure will be subject to the new Failure To Correct (FTC) penalties which are more punitive that the existing RTC penalties. Also, taxpayers risk being publicly named and shamed. The FTC standard penalty will start at 200% of any tax liability not disclosed under the RTC and cannot be reduced to less than 100% even with mitigation.

Any taxpayers that are unsure as to whether or not they need to make a disclosure are strongly encouraged to check their tax position. The RTC rules are very complex and we can help review any historic issues and advise and assist with making any necessary disclosures to HMRC. A disclosure can be made using the Worldwide Disclosure Facility or possibly using alternative disclosure methods which may be more suitable. HMRC’s guidance on making a disclosure, deadlines and penalty reductions under the RTC has been updated.

The Non-resident landlord (NRL) scheme is a special scheme for the UK rental income of non-resident landlords. This includes companies or trustees whose ‘usual place of abode’ is outside the UK. HMRC classifies a person living abroad for 6 months or more per year, as a non-resident landlord. Interestingly, this is the case even if the person is a UK resident for tax purposes.

Generally, basic rate tax (currently 20%) must be deducted, after expenses, from the rent payable to a non-resident landlord, either by the letting agent or where there is no letting agent by the tenants (unless the rent is minimal) and the tax paid over to HMRC within 30 days of the end of each tax quarter.

By using the NRL scheme, a non-resident landlord can apply for approval from HMRC to have any rents paid with no tax deducted. HMRC can refuse an application if it is not satisfied that the information provided by a non-resident landlord is correct or where there are concerns that the landlord will not properly comply with their UK tax obligations. 

Planning note

HMRC no longer send copies of the non-residents landlord scheme annual return form by post. Instead, the form known as the Annual Information Return (NRLY), is available on GOV.UK and should be submitted online or sent by post if online submission is not an option. The annual return for 2017-18 is due to be submitted by 5 July 2018.

If you are a non-resident landlord and would like assistance with completing the various returns or applications, please call.

New legislation that comes into effect from 1 October 2018 will see higher penalties for anyone with undeclared offshore assets. HMRC has published a news release urging taxpayers with undeclared offshore assets to become compliant and warning taxpayers that they will prosecute the most serious cases of tax evasion. These new penalties are part of HMRC’s plans to target overseas tax avoidance.

From 1 October 2018, any new disclosure will be subject to the new failure to correct (FTC) penalties which are more punitive that the existing penalties. The new regime will also mean that some taxpayers can be publicly named and shamed. The FTC standard penalty will start at 200% of any undisclosed tax liability and cannot be reduced to less than 100% even with mitigation.

HMRC is clear that any taxpayers with offshore assets that are already compliant have nothing to worry about. However, any taxpayers that are unsure as to whether or not they need to make a disclosure are strongly encouraged to check their tax position to ensure they are fully compliant and have paid the correct amount of tax due.

Planning note

Some taxpayers may not realise that they must declare their overseas income to HMRC if, for example, they have worked overseas or are receiving income from a rental property outside the UK. HMRC has also published a consultation looking at implementing a new minimum time limit of 12 years for HMRC to assess offshore tax. We can help review any historic issues and advise and assist with making any necessary disclosures to HMRC.

The new requirement to correct (RTC) legislation was introduced by the Finance (No.2) Act 2017. The legislation created a new statutory obligation for taxpayers with undeclared UK tax liabilities that involve offshore matters to disclose any relevant information to HMRC by 30 September 2018.

The RTC applies to any person with undeclared UK income tax, capital gains tax and/or inheritance tax liability concerning offshore matters or transfers. The RTC legislation relates to offshore tax non-compliance committed before 6 April 2017.

The final date (30 September 2018) for correcting historic offshore tax positions coincides with the date more than 100 countries will exchange data on financial accounts under the Common Reporting Standard (CRS). This data will significantly enhance HMRC’s ability to detect offshore non-compliance and it is in taxpayers’ interests to correct any non-compliance before that data is received.

Once the deadline ends, any new disclosure will be subject to the new failure to correct (FTC) penalties which are more punitive than the existing RTC penalties together with the possibility of taxpayers being publicly named and shamed. The FTC standard penalty will start at 200% of any tax liability not disclosed under the RTC and cannot be reduced to less than 100% even with mitigation.

Planning alert

Any taxpayers that are unsure as to whether or not they need to make a disclosure are strongly encouraged to check their tax position. The RTC rules are very complex and we can help review any historic issues and advise and assist with making any necessary disclosures to HMRC. A disclosure can be made using the Worldwide Disclosure Facility or possibly using alternative disclosure methods which may be more suitable.