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Home / Simons-Taxes /Business tax /Part B5 Specific trades and activities /Division B5.7 Offshore funds /Reporting funds / B5.724 Breach of reporting fund requirements
Commentary

B5.724 Breach of reporting fund requirements

Business tax

A fund may be in breach of a reporting fund requirement and a breach may be classed as either a minor breach or a serious breach1. A minor breach is one for which there is a reasonable excuse, or which is inadvertent and remedied as soon as possible and which is not specified as a serious breach2. It is not regarded as a breach if the reporting fund corrects it without HMRC intervention requesting any information relating to a reporting fund requirement, or if the request for information is made after the fund has taken the initiative to correct the minor breach3.

There is serious breach if a breach occurs which is not a minor breach4, or if a minor breach becomes a serious breach (see below)5 or if one of the following applies6:

  1. Ìý

    •ÌýÌýÌýÌý the period of account of the reporting fund exceeds 18 months

  2. Ìý

    •ÌýÌýÌýÌý the reporting fund has used an accounting practice which is not in accordance with IAS

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Web page updated on 17 Mar 2025 17:19