CH114210 - Offshore matters: failure to notify penalties: definition of an offshore transfer
A failure to notify involves an offshore transfer if
- it does not involve an offshore matter
- it is deliberate (whether concealed or not) and results in potential lost revenue
- the tax at stake is income tax or capital gains tax, and
- the applicable condition of Para 6AA is satisfied.
For income tax, the applicable condition is satisfied if the income to which tax is charged, or any part of the income
- is received in a territory outside the UK, or
- is transferred before the calculation date to a territory outside the UK.
For capital gains tax, the applicable condition is satisfied if the proceeds or any part of the proceeds of the disposal to which tax is charged
- are received in a territory outside the UK, or
- are transferred before the calculation date to a territory outside the UK.
FA2008 Sch 41 Para 6A
FA2008 Sch 41 Para 6AA
FA2015 Sch20 Para 12