United KingdomGOV.UK
HMRC defines 'helping' test for cutting adviser-conduct penalties
New HMRC guidance defines the 'helping' element of disclosure quality — worth 40% — for cutting sanctionable-conduct penalties: early, active, end-to-end help quantifying client liabilities.
By Taxxa AI OyPublished 15 September 2026
HMRC has published new guidance on what counts as "helping" when a tax adviser discloses sanctionable conduct and seeks a reduction of the penalty. Helping is one of the three elements that set the quality of a disclosure — alongside telling HMRC about the conduct and giving access to recordsGOV — and it carries the largest single weight in the quality assessment
GOV.
The new page defines helping as four behaviours: giving reasonable help in providing details of the sanctionable conduct; positive assistance as opposed to passive acceptance or obstruction; actively engaging in the work to accurately quantify the tax liability of the affected clients; and volunteering any information relevant to the disclosureGOV. In judging whether reasonable help was given, HMRC must always take account of the person's abilities and circumstances
GOV, including for example any obligation of confidentiality owed to the client.
What matters is the timing, nature and extent of the help.GOV Timing runs from the sanctionable conduct to the date of disclosure
GOV: there must be no avoidable delays and an active approach, with information and assistance provided as early as possible
GOV. Nature covers whether the help is useful and saves HMRC time and effort in establishing the conduct and the attributable lost revenue
GOV — merely appearing helpful without producing anything of use does not qualify
GOV. Extent covers the whole investigation from start to finish and all its aspects
GOV: help given for only part of the period or only certain aspects will not earn a full reduction
GOV.
The surrounding disclosure framework shows why the element matters. Once the potential lost revenue (PLR) attributable to the conduct is determined, the penalty is adjusted for whether the disclosure was unprompted or prompted and for its quality across telling, helping and giving accessGOV. The quality weights are 30% for telling
GOV, 40% for helping
GOV and 30% for giving access
GOV — so helping is the single biggest lever on the reduction
GOV. But there are floors: the minimum penalty percentages are 35% of PLR for prompted disclosure
GOV and 20% for unprompted disclosure
GOV, and penalties cannot be reduced below those levels regardless of disclosure quality
GOV; absent a special reduction, the minimum penalty is £7,500 even with disclosure
GOV.
For an adviser facing a conduct notice, the practical read is that early, active, end-to-end cooperation on quantifying client tax liabilities — volunteered rather than extracted — is the behaviour this 40% element rewards, while partial or merely cosmetic cooperation caps the reduction.
Legal basis: FA12/SCH38/PARA26(3)–(7) as amended.
When advising on a sanctionable-conduct disclosure, front-load active help quantifying affected clients’ tax liabilities and keep it going across the whole investigation to earn the full helping reduction.