Tax advisers have less
than 30 days to avoid a £3,000 penalty from HMRC by complying with
a little known new legislation imposed by HMRC.
The
FT Adviser reports that a
notice published in September 2016 stated financial advisers,
accountants and solicitors with UK resident clients who have an account
with offshore money or assets in it, should send a letter provided by HMRC to those clients.
Advisers who do not send this letter by 31 August 2017 could be subject to a £3,000 tax penalty.
The
letter, which demands UK residents bring their tax affairs up to date,
states “
the tax world is becoming more transparent” and closes with the threat, “
come to us before we come to you”.
If you’re classed as a
‘specified financial institution’ or ‘specified relevant person’ -
which includes financial advisers - you may need to send the
notification letter to clients who are UK tax resident.
The
criteria for this are, if you’ve provided them with financial advice or
services, provided them with an overseas account, referred them for an
overseas account or referred them for advice or services overseas.
According to HMRC website,
the covering letter must include your usual branding, your client’s name and address on set text.
If you’re a financial institution the set text must say:
“Financial
institutions in more than 100 jurisdictions around the world are being
legally required to find out the tax residence of their account holders
and report details of their accounts, structures, trusts, and
investments to be exchanged with the appropriate tax authorities.
As
a UK tax resident, any overseas accounts you have will be sent to HM
Revenue & Customs (HMRC). This gives HMRC unprecedented levels of
information to check that, as in most cases, the right tax has been
paid.
If you have already declared all of your past and present
income or gains to HMRC, including from overseas, you do not need to
worry. But if you are in any doubt, HMRC recommends that you read the
factsheet attached to help you decide now what to do next.”
A spokesperson for HMRC said:
"The new legislation was
designed to make people aware that HMRC will soon be getting data about
offshore accounts from over 100 jurisdictions; there’s a disclosure
facility, and penalties and other sanctions are going to get worse so
come forward now.
It’s being sent by tax advisers and financial
institutions because – at the moment - they know more about who is
likely to get reported to HMRC. It’s right that these industries play
their part in raising awareness on automatic exchange."
Call me old fashioned, but I think it's a tad unpleasant that HMRC use others to issue threats on its behalf!
Tax does have to be taxing.
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