Commentary

A7.260 Introduction to DOTAS penalties

Administration and compliance

A7.260 Introduction to DOTAS penalties

DOTAS—penalties

A7.260 Introduction to DOTAS penalties

Initially, the DOTAS rules contained a simple penalty regime for failure to make a disclosure or to notify a client of the allocated reference number for a notified scheme, but this is no longer the case, and the penalty regime has now been extended significantly. Powers introduced in 2007 allow HMRC to enquire into reasons why a scheme has not been notified, to obtain an order from the Tribunal that a scheme is notifiable or should be treated as a notifiable scheme, and to obtain specified information where a notification is incomplete. Penalties for non-compliance are increased in certain cases where these powers are used. Further changes were made in 2010 to extend the scope of DOTAS and substantially increase the penalties available to the Tribunal where a scheme is not disclosed as required.

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