CH117400 - Offshore matters: additional information: what is additional information

By virtue of Schedule 21 FA 2016 and SI 2017/345, HMRC will now, where appropriate, require a person seeking a reduction in a penalty relating to an offshore matter or offshore transfer to provide additional information about either of the situations below.

Any person (enabler - see Sch 20 FA2016) who encouraged, assisted or otherwise facilitated conduct that constitutes offshore evasion or non-compliance by the person subject to the penalty

The type of information required in relation to enablers could include

  • name and address of the enabler
  • a description of the enabler’s conduct that encouraged, assisted or otherwise facilitated the conduct by the individual giving rise to the penalty
  • a description of how the first contact between the individual and the enabler was made and how contact was maintained, and
  • a description of all documents held by the individual relating to the enabler’s conduct.

Information about assets held in any country outside the UK and any nominees or entities used to hold those assets on behalf of the person subject to the penalty

Information required in relation to assets held outside the UK by another person, see CH111100, could include

  • name and address of any other joint beneficial owner of the asset
  • the extent of the individual’s share of the beneficial ownership of the asset
  • a description of all documents of title or other documents indicating the individual’s beneficial ownership
  • details of where the asset is situated or held
  • details of when and how the individual became a beneficial owner of the asset
  • a description of all changes in the arrangements for the ownership of the asset since the individual became a beneficial owner
  • the names and last known addresses of all persons who have been asset holders of the asset during the individual’s beneficial ownership of it, and
  • in relation to an asset holder who is not an individual, the name and business address (if known) of any director, senior manager, employee or agent of the asset holder who has advised or assisted the individual in relation to their beneficial ownership of the asset.

If a person’s tax affairs do not involve an enabler or the person has no assets located outside the UK held by another person, then by telling HMRC of that fact, they will have fulfilled the requirement to provide additional information.

Schedule 21 FA 2016

SI 2017/345
Schedule 20 FA 2016