Taxes Management Act 1970 section 106D

Offence of making inaccurate return

Section 106D creates a criminal offence where a self-assessment tax return contains an inaccuracy relating to offshore matters that remains uncorrected by the end of the amendment period.

• It is a criminal offence to have an inaccurate self-assessment return at the end of the amendment period where the inaccuracy relates to offshore income, assets or activities
• The offence applies only where correcting the inaccuracy would increase the income tax or capital gains tax (or both) chargeable for the year, and that increase exceeds the threshold amount
• A person has a defence if they can prove they took reasonable care to ensure the return was accurate
• The amendment period is the statutory window during which a taxpayer may amend their own return, which is normally twelve months from the filing date