SCHEDULE 38 Disclosure of Tax Avoidance Schemes

SCHEDULE 38 Disclosure of Tax Avoidance Schemes

Section 116

Amendments of Part 7 of FA 2004

1

Part 7 of FA 2004 (disclosure of tax avoidance schemes) is amended as follows.

2

(1)     Section 308 (duties of promoter) is amended as follows.

(2)     In subsection (1)—

(a)     for “The promoter†substitute “A person who is a promoter in relation to a notifiable proposalâ€, and

(b)     for “any†substitute “theâ€.

(3)     In subsection (2)(a), for “a†substitute “theâ€.

(4)     In subsection (3)—

(a)     for “The promoter†substitute “A person who is a promoter in relation to notifiable arrangementsâ€, and

(b)     for “any notifiable†substitute “the notifiableâ€.

(5)     For subsection (4) substitute—

“(4)     Subsection (4A) applies where a person complies with subsection (1) in relation to a notifiable proposal for arrangements and another person is—

(a)     also a promoter in relation to the notifiable proposal or is a promoter in relation to a notifiable proposal for arrangements which are substantially the same as the proposed arrangements (whether they relate to the same or different parties), or

(b)     a promoter in relation to notifiable arrangements implementing the notifiable proposal or notifiable arrangements which are substantially the same as notifiable arrangements

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