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Deadline approaching to declare offshore funds warns Grant Thornton

Those with offshore accounts have only until 30 November 2009 to inform HM Revenue & Customs (HMRC) of their intention to disclose their tax affairs under the New Disclosure Opportunity (NDO) or face a strict penalty and in some cases criminal prosecution, warns leading business and financial adviser Grant Thornton.

Over 300 banks and financial institutions have been asked to hand over details of their customers’ offshore accounts to the tax authorities.  The notification period runs from 1 September 2009 to 30 November 2009 for paper disclosure registration to HMRC and from 1 October 2009 to 30 November 2009 for online disclosure registration.

Offshore account holders making disclosures under the NDO face a fixed penalty of 10% of the tax owed if they are not customers of the five* major retail banks targeted in the 2007 amnesty.  Those who failed to come forward under the 2007 Offshore Disclosure Facility (ODF) will face a 20% fixed penalty.  HMRC has said penalties will be no less than 30% for those who fail to make disclosures under the ODF or NDO.

Paul Roberts, Head of Tax Investigations at Grant Thornton says, "This autumn's Pre-Budget Report is likely to further outline HMRC's plans to clamp down hard on those who deliberately avoid paying the correct amount of tax from undisclosed funds.  In some extreme cases, individuals could receive penalties of over 70 per cent of the tax due. HMRC is hardening their approach and we are likely to see a number of high-profile criminal prosecutions to act as a deterrent to those trying to avoid paying the correct amount of tax."

"Grant Thornton has received quite a number of instructions under the NDO but the market place generally has seen a relatively low take up of the initiative.  This could be a result of the low-profile publicity that the initiative has been given or due to taxpayers who are waiting for their information to be handed over  by the banks and financial institutions.

"Taxpayers who fear they have undisclosed liabilities have very little time to inform HMRC of their intention to take advantage of the terms set out in the NDO.  Whatever the reasons for not disclosing previously, with mounting pressure being placed on offshore jurisdictions, potential disclosures are advised to come forward sooner rather than later, and certainly before the end of November," says Roberts.  

After registration, the submission deadline for full paper disclosures of any liability is 31 January 2010 and for online disclosures it is 12 March 2010.

For further information on HMRC's NDO, Roberts advises those who believe they may be affected to go to: http://www.hmrc.gov.uk/offshoreaccounts/index.htm