Schedule 13 | Penalties For Facilitating Avoidance Schemes Involving Non-Resident Promoters | Finance Act 2022 C3

SCHEDULE 13 Penalties for Facilitating Avoidance Schemes Involving Non-Resident Promoters

Finance Act 2022 (2022 c 3) | Legislation

SCHEDULE 13 Penalties for Facilitating Avoidance Schemes Involving Non-Resident Promoters

Section 91

Liability to penalty

(1) Sub-paragraph (2) applies in relation to a person (“A”) if the person is liable to pay—

(a) a penalty within sub-paragraph (3), or

(b) one or more penalties within sub-paragraph (4), provided that the total amount that is payable under that penalty or those penalties is at least £100,000.

In this Schedule penalties by virtue of which sub-paragraph (2) applies in relation to a person are called “the original penalties”.

(2) A is liable to a further penalty if—

(a) the original penalties were incurred in respect of activities (the “original activities”) which A carried out as a member of the same promotion structure as a non-resident promoter (“P”), and

(b) the original activities related to a relevant proposal or relevant arrangements in relation to which P was a promoter (the “facilitated proposal or arrangements”).

(3) Penalties are within this paragraph if they are incurred under—

(a) the entry relating to section 236B(1) of FA 2014 (effect of stop notices) in the table at paragraph 2(1) of Schedule 35 to that Act (promoters of tax avoidance schemes: penalties);

(b)