Taxes Management Act 1970 section 106C

Offence of failing to deliver return

Section 106C creates a criminal offence for failing to file a self-assessment tax return where the undisclosed tax relates to offshore income, assets or activities above a specified threshold.

• A person required to file a self-assessment return commits an offence if they fail to deliver it by the end of the withdrawal period, and an accurate return would have shown tax due on offshore income, assets or activities
• The offence only applies where the total income tax and capital gains tax chargeable for the year by reference to offshore income, assets or activities exceeds the threshold amount
• A person accused of this offence has a defence if they can prove they had a reasonable excuse for failing to deliver the return
• The withdrawal period referred to is defined by reference to section 8B of the Taxes Management Act 1970, which deals with the withdrawal of a notice to file a return