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CTSA MALWARE REVERSE ENGINEERING CONCEPTUAL VETTING MODULE BUNDLE.
Typology: Exams
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⫸ Whats do we call the 3m notification? Answer: 'Notice of coming into charge' ⫸ What applies if you fail to give notice to HMRC of coming into charge Answer: No penalty ⫸ What happens if HMRC don't issue you a notice? Answer: Notify HMRC of chargeability within 12 months from end of AP ⫸ When are you not required to notify HMRC of your chargeability> Answer: If all income bears income tax by deduction and it has no chargeable gains for the period ⫸ Whats the penalty issues for failure to notify? Answer: Percentage of the revenue lost - the amount of corporation tax which is unpaid 12m after the year end of the chargeable AP ⫸ When are reductions available for penalties Answer: When you make an unprompted or prompted disclosure ⫸ What is a disclosure Answer: Company tells HMRC about the failure gives HMRC reasonable help in calculating the unpaid tax
allows HMRC access to records ⫸ Whats careless Answer: where you didnt deliberately decide to do x ⫸ When must failure to notify penalties be paid Answer: 30 days from penalty assessment or interest is due ⫸ Can the decision to issue a penalty/amount of penalty be appealed against? Answer: yes ⫸ When will a penalty not be issued for failure to notify Answer: if company has a reasonable excuse for the failure ⫸ Penalties for late filing automatic Answer: £100 < 3m £200 > 3m Increased to £500 and £1,000 if third consecutive failure to file on time ⫸ What is the penalty for late filing tax after 18 months? Answer: 10% of unpaid tax at that point ⫸ What is the penalty for late filing tax after 24 months? Answer: 20% of unpaid tax at the 18-month point
⫸ If failure to comply and deliberately obstructs HMRC over 30 days then what Answer: daily penalty can be increased to upto £1,000 per day on application to the tribunal ⫸ For failure to comply and deliberately obstruct HMRC, when can HMRC issue a tax geared penalty Answer: after £300 penalty and HMRC has a reason to believe tax unpaid by a significant amount. Upper tribunal must decide the amount ⫸ If company careless or deliberately provides inaccurate information then what Answer: upto £3,000 per inaccuracy ⫸ When are failure to produce documents payable Answer: within 30 days ⫸ What are specifically not reasonable excuses Answer: relying on a third party not having the funds to pay ⫸ If a penalty contains more than one error, then what Answer: a penalty is charged for each error ⫸ Penalty for error in the tax return Answer: percentage of potential lost revenue ⫸ Generally what is the potential lost revenue Answer: extra tax due
⫸ When are there no penalties for inaccuracies in the return? Answer: when the company has taken reasonable care ⫸ If youve made an error that was not careless or deliberate at the time of filing but then become aware and don't notify HMRC, what happens? Answer: the inaccuracy becomes careless ⫸ If HMRC issue an assessment that is understated what happpens Answer: There will be a careless penalty if the company don't notify HMRC within 30 days of assessment ⫸ If youve taken disqualified advice does this count to as taking reasonable care Answer: No ⫸ What is disqualified advice? Answer: Advice when under taking arrangements for a tax avoidance purpose Person did not have the expertise to give it in DOTAS regime Follower notice ⫸ When can you suspend a careless error Answer: Suspend for 2 years Must agree with HMRC Must not have any further penalties in this time
⫸ Serial tax avoiders must do what in the 5 year notice period Answer: provide an information notice to HMRC within 30 days ⫸ What happens if a serial tax avoider does not provide information notices Answer: HMRC issue a written notice to extend the warning period ⫸ Serial tax avoider issued with how many warning notices in warning period Answer: three and will published by HMRC ⫸ HMRC also issue what to serial tax avoiders Answer: a restriction of relief notice ⫸ how long does the restriction of relief last for Answer: three years ⫸ If the serial tax avoider is in the warning period and it uses a defeated scheme which penalties apply? Answer: 20% of under states tax first time 40% second time 60% third time ⫸ For the serial tax avoidance purposes groups are what Answer: treated as the same person ⫸ When can an enabler be issued a penalty Answer: when enabling abusive tax arrangements
⫸ Amount of penalty liable for enablers Answer: upto full amount of consideration ⫸ When can penalty on enablers be issued? Answer: when the GAAR advisory panel has given their opinion must be paid within 30 days ⫸ Who has corporate governance responsbilities and what are they? Answer: > 2,000 employees
200mil turnover 2bil balance sheet Must state in annual directors report how theyve applied the corporate governance ⫸ When is the minimum penalty increased by 10% for failure to notify? Answer: penalty relates to an offshore matter and failure to notify was deliberate or deliberate and concealed ⫸ When can TP compensating adjustment be made Answer: When the advantaged persons return has been filed. Will reduce the potential lost revenue ⫸ If there is more than one error in a return was is corrected first? Answer: The careless error and then the deliberate error