310C Duty of promoters to provide updated information
(1) This section applies where—
(a) information has been provided under section 308 about any notifiable arrangements, or proposed notifiable arrangements, to which a reference number is allocated under section 311, and
(b) after the provision of the information, there is a change in relation to the arrangements of a kind mentioned in subsection (2).
(2) The changes referred to in subsection (1)(b) are—
(a) a change in the name by which the notifiable arrangements, or proposed notifiable arrangements, are known;
(b) a change in the name or address of any person who is a promoter in relation to the notifiable arrangements or, in the case of proposed notifiable arrangements, the notifiable proposal.
(3) A person who is a promoter in relation to the notifiable arrangements or, in the case of proposed notifiable arrangements, the notifiable proposal must inform HMRC of the change mentioned in subsection (1)(b) within 30 days after it is made.
(4) Subsections (5) and (6) apply for the purposes of subsection (3) where there is more than one person who is a promoter in relation to the notifiable arrangements or proposal.
(5) If the change in question is a change in the name or address of a person who is a promoter in relation to the notifiable arrangements or proposal, it is the duty of that person to comply with subsection (3).
(6) If a person provides information in compliance with subsection (3), the duty imposed by that subsection on any other person, so far as relating to the provision of that information, is discharged.
310D Notice of potential allocation of reference number: arrangements and proposals suspected of being notifiable
(1) This section applies where—
(a) HMRC have become aware that—
(i) a transaction forming part of arrangements has been entered into,
(ii) a firm approach has been made to a person in relation to a proposal for arrangements, with a view to making the proposal available for implementation, or
(iii) a proposal for arrangements is made available for implementation, and
(b) HMRC have reasonable grounds for suspecting that the arrangements are notifiable, or the proposal is notifiable.
(2) HMRC may issue a notice to a person explaining that, unless the person is able to satisfy HMRC, before the end of the notice period, that the arrangements are not notifiable or (as the case may be) the proposal is not notifiable, HMRC may allocate a reference number to the arrangements or (in the case of a proposal) the proposed arrangements.
(3) But HMRC may not issue a notice under this section before the end of the period of 15 days beginning with the day on which they first become aware that the condition in paragraph (a)(i), (ii) or (iii) of subsection (1) is met.
(4) A notice under this section must be issued to any person who, on the day the notice is issued, HMRC reasonably suspect to be a promoter in relation to the arrangements or proposal.
(5) A notice under this section may be issued to any other person who HMRC reasonably suspect to be involved in the supply of the arrangements or proposed arrangements.
311 Allocation of reference number to arrangements
(1) This section applies in—
(a) a subsection (2) case, or
(b) a subsection (3) case.
(2) A “subsection (2) case” is a case where a person complies, or purports to comply, with section 308(1) or (3), 309(1) or 310 in relation to a notifiable proposal or notifiable arrangements.
(3) A “subsection (3) case” is a case where—
(a) notice in relation to arrangements or a proposal has been issued in accordance with section 310D (notice of potential allocation of reference number),
(b) the notice period has expired, and
(c) the person to whom the notice was given has failed to satisfy HMRC, before the expiry of the notice period, that the arrangements are not notifiable or (as the case may be) that the proposal is not notifiable.
(4) “The notice period” means—
(a) the period of 30 days beginning with the day on which the notice under section 310D is issued, or
(b) such longer period as HMRC may direct.
(5) HMRC may allocate a reference number to the arrangements or, in the case of a proposal, the proposed arrangements, subject to subsection (6).
(6) HMRC may not allocate a reference number to arrangements or proposed arrangements after the time limit for doing so.
(7) The time limit for allocating a reference number is—
(a) in a subsection (2) case, the end of the period of 90 days beginning with the compliance, or purported compliance, with section 308(1) or (3), 309(1) or 310, as the case may be;
(b) in a subsection (3) case, the end of the period of one year beginning with the day after the end of the notice period (see subsection (4)).
(8) HMRC may at any time withdraw a reference number allocated to arrangements in a subsection (3) case.
(9) The allocation of a reference number to arrangements or proposed arrangements is not to be regarded as constituting an indication by HMRC that the arrangements could as a matter of law result in the obtaining by any person of a tax advantage.
311A Duty of HMRC to notify persons of reference number
(1) If a reference number is allocated in a case within section 311(2), HMRC must notify the following of the number—
(a) the person who has complied, or purported to comply, with section 308(1) or (3), 309(1) or 310, and
(b) where the person has complied, or purported to comply, with section 308(1) or (3), any other person—
(i) who is a promoter in relation to the proposal (or arrangements implementing it) or the arrangements (or a proposal implemented by them), and
(ii) whose identity and address have been notified to HMRC by the person who complied, or purported to comply, with section 308(1) or (3).
(2) If a reference number is allocated in a case within section 311(3), HMRC must notify the following of the number—
(a) any person who HMRC reasonably suspect to be, or to have been, a promoter in relation to the arrangements or the proposed arrangements, and
(b) any other person who HMRC reasonably suspect to be, or to have been, involved in the supply of the arrangements or the proposed arrangements.
(3) The duty in subsection (2) applies irrespective of whether the notice under section 310D as a result of which the reference number was allocated has been issued to the person concerned.
(1) This section applies where HMRC have allocated a reference number to arrangements or proposed arrangements in a case within section 311(3).
(2) A person who has been notified of the reference number may appeal to the tribunal against its allocation.
(3) An appeal under this section may be brought only on the following grounds—
(a) that, in issuing the notice under section 310D as a result of which the reference number was allocated, HMRC did not act in accordance with that section;
(b) that, in allocating the reference number, HMRC did not act in accordance with section 311;
(c) that the arrangements are not in fact notifiable arrangements or, in the case of proposed arrangements, that the proposal for the arrangements is not in fact a notifiable proposal.
(4) Notice of appeal under this section must be given to the tribunal in writing before the end of the period of 30 days beginning with the day on which the person is notified of the number by HMRC.
(5) Notice may be given after that time if the tribunal give permission.
(6) The notice of appeal must specify the grounds of appeal.
(7) On an appeal under this section, the tribunal may affirm or cancel HMRC's decision.
(8) If the tribunal cancel HMRC's decision, HMRC must withdraw the reference number.
(9) Bringing an appeal under this section does not prevent—
(a) a power conferred by this Part from being exercised, or
(b) a duty imposed by this Part from continuing to apply.
311C Duty to provide further information requested by HMRC: section 311(3) case
(1) This section applies where HMRC have allocated a reference number to arrangements or proposed arrangements in a case within section 311(3).
(2) HMRC may require a relevant person to provide—
(a) specified information about the arrangements or proposed arrangements;
(b) documents relating to the arrangements or proposed arrangements.
(3) In subsection (2), “relevant person” means—
(a) any person who HMRC reasonably suspect to be, or to have been, a promoter in relation to the arrangements or the proposed arrangements;
(b) any other person who HMRC reasonably suspect to be, or to have been, involved in the supply of the arrangements or the proposed arrangements.
(4) HMRC may require information or documents only if they have reasonable grounds for suspecting that the information or documents will assist them in considering the arrangements or proposed arrangements.
(5) Where HMRC impose a requirement on a person under subsection (2), the person must comply with the requirement before the end of—
(a) the period of 10 working days beginning with the day on which HMRC imposed the requirement, or
(b) such longer period as HMRC may direct.
312 Duty of promoter to notify client of number : section 311(2) case
(1) This section applies where a person who is a promoter in relation to notifiable arrangements is providing (or has provided) services to any person (“the client”) in connection with the notifiable arrangements.
(2) The promoter must, within 30 days after the relevant date, provide the client with prescribed information relating to any reference number allocated in a case within section 311(2) (or, if more than one, any one such reference number) that has been notified to the promoter (whether by HMRC or any other person) in relation to—
(a) the notifiable arrangements, or
(b) any arrangements substantially the same as the notifiable arrangements (whether involving the same or different parties).
(3) In subsection (2) “the relevant date” means the later of—
(a) the date on which the promoter becomes aware of any transaction which forms part of the notifiable arrangements, and
(b) the date on which the reference number is notified to the promoter.
(4) But where the conditions in subsection (5) are met the duty imposed on the promoter under subsection (2) to provide the client with information in relation to notifiable arrangements is discharged.
(5) Those conditions are that —
(a) the promoter is also a promoter in relation to a notifiable proposal and provides services to the client in connection with them both,
(b) the notifiable proposal and the notifiable arrangements are substantially the same, and
(c) the promoter has provided to the client, in a form and manner specified by HMRC, prescribed information relating to the reference number that has been notified to the promoter in relation to the proposed notifiable arrangements.
(6) HMRC may give notice that, in relation to notifiable arrangements specified in the notice, promoters are not under the duty under subsection (2) after the date specified in the notice.
312ZA Duty to notify client of reference number: section 311(3) case
(1) This section applies where a person is providing (or has provided) services to another person (“the client”) in connection with arrangements or proposed arrangements.
(2) The person must, before the end of the period of 30 days beginning with the relevant date, provide the client with prescribed information relating to any reference number allocated in a case within section 311(3) (or, if more than one, any one such reference number) that has been notified to the person (whether by HMRC or any other person) in relation to—
(a) the arrangements or proposed arrangements, or
(b) any arrangements substantially the same as the arrangements or proposed arrangements (whether involving the same or different parties).
(3) In subsection (2), “the relevant date” means the date on which the person has been notified of the reference number.
(4) HMRC may give notice that, in relation to arrangements or proposed arrangements specified in the notice, no person is under the duty imposed by subsection (2) after the date specified in the notice.
(1) This section applies where a person (a “client”) to whom a person who is a promoter in relation to notifiable arrangements or a notifiable proposal is providing (or has provided) services in connection with the notifiable arrangements or notifiable proposal receives prescribed information under section 312 relating to the reference number allocated to—
(a) the notifiable arrangements or proposed notifiable arrangements, or
(b) any arrangements substantially the same as the notifiable arrangements or proposed notifiable arrangements.
(1A) This section also applies where a person (a “client”) to whom a person is providing (or has provided) services in connection with arrangements or proposed arrangements receives prescribed information under section 312ZA relating to the reference number allocated to—
(a) the arrangements or proposed arrangements, or
(b) any arrangements substantially the same as the arrangements or proposed arrangements.
(2) The client must, within the prescribed period, provide prescribed information relating to the reference number to any other person—
(a) who the client might reasonably be expected to know is or is likely to be a party to the arrangements or proposed arrangements, and
(b) who might reasonably be expected to gain a tax advantage in relation to any relevant tax by reason of the arrangements or proposed arrangements.
(2A) Where the client—
(a) is an employer, and
(b) by reason of the arrangements or proposed arrangements, receives or might reasonably be expected to receive an advantage, in relation to any relevant tax, in relation to the employment of one or more of the client's employees,
the client must, within the prescribed period, provide to each of the client's relevant employees prescribed information relating to the reference number.
(3) For the purposes of this section—
(a) a tax is a “relevant tax”, in relation to arrangements or arrangements proposed in a proposal of any description, if it is prescribed in relation to arrangements or proposals of that description by regulations under section 306;
(b) “relevant employee” means an employee in relation to whose employment the client receives or might reasonably be expected to receive the advantage mentioned in subsection (2A);
(c) “employee” includes a former employee;
(d) a reference to employment includes holding an office (and references to “employee” and “employer” are to be construed accordingly).
(4) HMRC may give notice that, in relation to arrangements or a proposal specified in the notice, persons are not under one or both of the duties under this section after the date specified in the notice.
(5) The duty under subsection (2) or (2A) does not apply in prescribed circumstances.
(1) This section applies where a person (“the client”) has been provided with information under section 312(2) or 312ZA(2) (prescribed information about reference number).
(2) The client must, within the prescribed period, provide the person who provided the information with prescribed information relating to the client.
(3) The duty under subsection (2) is subject to any exceptions that may be prescribed.
313 Duty of parties to notify HMRC of reference number etc
(1) Any person who is a party to any ... arrangements must provide the Board with prescribed information relating to—
(a) any reference number notified to him ..., and
(b) the time when he obtains or expects to obtain by virtue of the arrangements an advantage in relation to any relevant tax.
(2) For the purposes of subsection (1) a tax is a “relevant tax” in relation to arrangements of any description if it is prescribed in relation to arrangements of that description by regulations under section 306.
(3) Regulations made by HMRC may—
(a) in prescribed cases, require the information prescribed under subsection (1) to be included in any return or account which the person is required by or under any enactment to deliver to the Board, and
(b) in prescribed cases, require the information prescribed under subsection (1) and such other information as is prescribed to be provided separately to the Board at the prescribed time or times.
(4) A person is not liable to a penalty under—
(a) any provision relating to incorrect or uncorrected returns made under section 98 of the Finance Act 1986 (administration of stamp duty reserve tax),
(b) Schedule 24 to the Finance Act 2007 (penalties for errors), or
(c) any other prescribed provision,
by reason of any failure to include in any return or account any reference number or other information required by virtue of subsection (3)(a) (but see section 315 for the penalty for failure to comply with this section).
(5) HMRC may give notice that, in relation to ... arrangements specified in the notice, persons are not under the duty under subsection (1) after the date specified in the notice.
(6) The duty under subsection (1) does not apply in prescribed circumstances.
(1) This section applies where a person who is a promoter in relation to notifiable arrangements is providing (or has provided) services to any person (“the client”) in connection with the notifiable arrangements and either—
(a) the promoter is subject to the requirement under section 312(2) to provide to the client prescribed information relating to the reference number allocated to—
(i) the arrangements, or
(ii) any arrangements substantially the same as the arrangements, or
(b) the promoter has failed to comply with section 308(1) or (3) in relation to the notifiable arrangements (or the notifiable proposal for them) but would be subject to that requirement if a reference number had been allocated to—
(i) the notifiable arrangements, or
(ii) any arrangements substantially the same as the arrangements.
(1A) This section also applies where—
(a) a person (“the provider”) is providing (or has provided) services to another person (“the client”) in connection with arrangements or proposed arrangements, and
(b) the provider is subject to the requirement under section 312ZA(2) to provide to the client prescribed information relating to the reference number allocated to—
(i) the arrangements or proposed arrangements, or
(ii) any arrangements substantially the same as the arrangements or proposed arrangements.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The promoter or (as the case may be) provider must, within the prescribed period after the end of the relevant period, provide HMRC with prescribed information in relation to the client.
(4) In subsection (3) “the relevant period” means—
(a) in a case within subsection (1), such period as is prescribed and is a period during which the promoter is or would be subject to the requirement mentioned in that subsection;
(b) in a case within subsection (1A), such period as is prescribed and is a period during which the provider is or would be subject to the requirement mentioned in that subsection.
(5) The promoter need not comply with subsection (3) in relation to any notifiable arrangements at any time after HMRC have given notice under section 312(6) in relation to the notifiable arrangements.
(6) The provider need not comply with subsection (3) in relation to any arrangements at any time after HMRC have given notice under section 312ZA(4) in relation to the arrangements.
313ZB Enquiry following disclosure of client details
(1) This section applies where—
(a) a person (“the service provider”) is providing or has provided services to another person (“the client”) in connection with arrangements or proposed arrangements,
(aa) the service provider has provided HMRC with information in relation to the client under section 313ZA(3), and
(b) HMRC suspect that a person other than the client is or is likely to be a party to the arrangements.
(2) HMRC may by written notice require the service provider to provide prescribed information in relation to any person other than the client who the service provider might reasonably be expected to know is or is likely to be a party to the arrangements.
(3) The service provider must comply with a requirement under or by virtue of subsection (2) within—
(a) the prescribed period, or
(b) such longer period as HMRC may direct.
313ZC Duty of employer to notify HMRC of details of employees etc
(1) This section applies if conditions A, B and C are met.
(2) Condition A is that—
(a) a person who is a promoter in relation to notifiable arrangements or a notifiable proposal is providing (or has provided) services in connection with the arrangements or proposal to a person (“the client”), or
(b) a person is providing (or has provided) services in connection with arrangements or a proposal to a person (“the client”).
(3) Condition B is that the client receives information under section 312(2) or 312ZA(2) or as mentioned in section 312(5).
(4) Condition C is that the client is an employer in circumstances where, as a result of the ... arrangement or proposed ... arrangement—
(a) one or more of the client's employees receive, or might reasonably be expected to receive, in relation to their employment, an advantage in relation to any relevant tax, or
(b) the client receives or might reasonably be expected to receive such an advantage in relation to the employment of one or more of the client's employees.
(5) Where an employee is within subsection (4)(a), or is an employee mentioned in subsection (4)(b), the client must provide HMRC with prescribed information relating to the employee at the prescribed time or times.
(6) The client need not comply with subsection (5) in relation to any ... arrangements at any time after HMRC have given notice under section 312(6) , 312ZA(4) or 313(5) in relation to the ... arrangements.
(7) The duty under subsection (5) does not apply in prescribed circumstances.
(8) Section 312A(3) applies for the purposes of this section as it applies for the purposes of that section.
(1) Where HMRC suspect that a person (P) is the promoter or introducer of a proposal, or the promoter of arrangements, which may be notifiable, they may by written notice require P to state—
(a) whether in P's opinion the proposal or arrangements are notifiable by P, and
(b) if not, the reasons for P's opinion.
(2) A notice must specify the proposal or arrangements to which it relates.
(3) For the purpose of subsection (1)(b)—
(a) it is not sufficient to refer to the fact that a lawyer or other professional has given an opinion,
(b) the reasons must show, by reference to this Part and regulations under it, why P thinks the proposal or arrangements are not notifiable by P, and
(c) in particular, if P asserts that the arrangements do not fall within any description prescribed under section 306(1)(a), the reasons must provide sufficient information to enable HMRC to confirm the assertion.
(4) P must comply with a requirement under or by virtue of subsection (1) within—
(a) the prescribed period, or
(b) such longer period as HMRC may direct.
313B Reasons for non-disclosure: supporting information
(1) Where HMRC receive from a person (P) a statement of reasons why a proposal or arrangements are not notifiable by P, HMRC may apply to the tribunal for an order requiring P to provide specified information or documents in support of the reasons.
(2) P must comply with a requirement under or by virtue of subsection (1) within—
(a) the prescribed period, or
(b) such longer period as HMRC may direct.
(3) The power under subsection (1)—
(a) may be exercised more than once, and
(b) applies whether or not the statement of reasons was received under section 313A(1)(b).
313C Provision of information to HMRC by introducers
(1) This section applies where HMRC suspect—
(a) that a person (“P”) is an introducer in relation to a proposal, and
(b) that the proposal may be notifiable.
(1A) HMRC may by written notice require P to provide HMRC with one or both of the following—
(a) prescribed information in relation to each person who has provided P with any information relating to the proposal;
(b) prescribed information in relation to each person with whom P has made a marketing contact in relation to the proposal.
(2) A notice must specify the proposal to which it relates.
(3) P must comply with a requirement under subsection (1A) within—
(a) the prescribed period, or
(b) such longer period as HMRC may direct.
(1) Nothing in this Part requires any person to disclose to the Board any privileged information.
(2) In this Part “privileged information” means information with respect to which a claim to legal professional privilege, or, in Scotland, to confidentiality of communications, could be maintained in legal proceedings.
(1) HMRC may apply to the tribunal for an order that—
(a) a proposal is notifiable, or
(b) arrangements are notifiable.
(2) An application must specify—
(a) the proposal or arrangements in respect of which the order is sought, and
(b) the promoter.
(3) On an application the tribunal may make the order only if satisfied that section 306(1)(a) to (c) applies to the relevant arrangements.
(1) A person who fails to comply with a duty imposed by a provision mentioned in the first column of the table is liable to a penalty not exceeding the amount specified in relation to that provision in the second column.
Provision | Maximum penalty amount
Section 308(1) or (3) (promoter’s duty to notify) | The applicable rate for each day on which the person fails to comply or, if subsection (3) applies, £1 million
Section 309(1) (client’s duty to notify: no UK promoter) | The applicable rate for each day on which the person fails to comply or, if subsection (3) applies, £1 million
Section 310 (client’s duty to notify: no promoter) | The applicable rate for each day on which the person fails to comply or, if subsection (3) applies, £1 million
Section 310A (duty to provide further information) | The applicable rate for each day on which the person fails to comply or, if subsection (3) applies, £1 million
Section 310C (promoter’s duty to update information) | £5,000
Section 311C (duty to provide further information: section 311(3) case) | The applicable rate for each day on which the person fails to comply or, if subsection (3) applies, £1 million
Section 312(2) (promoter’s duty to notify client of SRN) | £5,000
Section 312ZA(2) (duty to notify client of SRN: section 311(3) case) | £5,000
Section 312A(2) or (2A) (client’s duty to notify other persons of SRN) | £5,000
Section 312B (client’s duty to provide client information to promoter or service provider) | £5,000
Section 313(1) or regulations under section 313(3) (other party’s duty to provide information) | The amount specified in subsection (4)
Section 313ZA (promoter’s or service provider’s duty to provide client information) | £5,000
Section 313ZB (service provider’s duty to provide other party’s information) | £5,000
Section 313ZC (employer’s duty to provide employee information) | £5,000
Section 313A (duty to provide statement on notifiability) | £5,000
Section 313B (duty to provide supporting evidence on notifiability) | £5,000
Section 313C (introducer’s duty to provide other person’s information) | £5,000
Section 316A (duty to provide information in addition to SRN to client or other persons) | £5,000
(2) The “applicable rate” means—
(a) £600, or
(b) where an order has been made under section 306A or 314A (orders about notifiability) in respect of the arrangements or proposal in relation to which the person fails to comply—
(i) £600 for each day falling before the end of the period of ten days beginning with the day on which the order was made, and
(ii) £5,000 for each day falling after the end of that period.
(3) This subsection applies where an authorised officer considers that the amount otherwise specified in relation to the provision is inappropriately low.
(4) The amount specified for section 313(1) or regulations under section 313(3) is—
(a) £10,000, if the person has failed to comply with the section or regulations on two or more other occasions during the period of 36 months ending with the date of the current failure,
(b) £7,500, if the person has failed to comply with the section or regulations on one other occasion during the period of 36 months ending with the date of the current failure, or
(c) £5,000, in any other case.
(5) In subsection (1), a reference to a day on which a person fails to comply with a duty is a reference to a day that—
(a) begins after the day by which the person was required to comply with the duty, and
(b) ends before the earlier of—
(i) the day on which the person complies with the duty,
(ii) the day on which any reference number is allocated to the arrangements or proposed arrangements concerned in the circumstances described in subsection (6), and
(iii) the day on which a penalty under subsection (1) is imposed in relation to the failure.
(6) The circumstances are—
(a) the duty referred to in subsection (5) is a duty imposed by section 308(1) or (3), 309(1) or 310, and
(b) it is a case within section 311(3).
(1) If—
(a) a penalty under section 315 is imposed in relation to a person’s failure to comply with a duty, and
(b) after the penalty has been imposed, the person continues to fail to comply with the duty,
the person is liable to a further penalty not exceeding the applicable rate (as defined in section 315(2)) for each day on which the failure continues.
(2) Subsection (1) does not apply to a failure to comply with a duty imposed by section 313(1) or regulations under section 313(3).
(1) A penalty under this Part is to be treated as a penalty under a provision of the Taxes Acts and, accordingly, is a penalty to be determined and imposed by an authorised officer under section 100(1) of TMA 1970.
(2) In determining an amount of a specified penalty (including considering whether an amount is inappropriately low under section 315(3)), the authorised officer must have regard to all relevant considerations, including—
(a) the desirability of the penalty being set at a level which appears appropriate for deterring the person, or other persons, from similar failures to comply on future occasions;
(b) the amount of any fees received, or likely to have been received, by the person in connection with the proposal or arrangements concerned;
(c) in the case of a person entering into the arrangements, the amount of any advantage gained, or sought to be gained, by that person.
(3) In this section, a “specified penalty” is a penalty under section 315 that is imposed in relation to a person’s failure to comply with a duty imposed by section 308(1) or (3), 309(1), 310, 310A or 311C.
A failure to do anything required to be done within a limited period of time does not give rise to liability to a penalty under section 315 or 315A if the person did it within such further time, if any, as an officer of Revenue and Customs or the tribunal may have allowed.
(1) A person is deemed not to have failed to comply with a duty imposed by a provision mentioned in the first column of the table in section 315(1) if the person had a reasonable excuse for the failure and—
(a) the reasonable excuse continues to apply, or
(b) the reasonable excuse has ceased to apply, but the person complied with the duty without unreasonable delay after the cessation.
(2) Where an order is made under section 306A or 314A—
(a) the order is not evidence that a person either does or does not have a reasonable excuse for non-compliance before the order was made, and
(b) the person identified in the order as the promoter cannot rely on doubt as to notifiability as a reasonable excuse for a failure to comply with section 308.
(3) Where a person fails to comply with—
(a) section 309 and the promoter for the purposes of that section is a monitored promoter, or
(b) section 310 and the arrangements for the purposes of that section are arrangements of a monitored promoter,
then any legal advice which was given or procured by that monitored promoter and which the person took into account is to be disregarded in determining whether the person has a reasonable excuse for the failure.
(4) In determining whether or not a person who is a monitored promoter has a reasonable excuse for a failure to do anything required to be done, reliance on legal advice does not constitute a reasonable excuse if either—
(a) the advice was not based on a full and accurate description of the facts, or
(b) the conclusions in the advice that the person relied on were unreasonable.
(5) For the purposes of this section, “monitored promoter” has the meaning given by section 244(5) of FA 2014.
(1) The Treasury may by regulations make provision for the purpose of varying any of the amounts specified in section 315 or 315A.
(2) Regulations under this section—
(a) must be made by statutory instrument, and
(b) may not be made unless a draft has been laid before and approved by resolution of the House of Commons.
316 Information to be provided in form and manner specified by HMRC
(1) HMRC may specify the form and manner in which information required to be provided by any of the information provisions must be provided if the provision is to be complied with.
(2) The “information provisions” are sections 308(1) and (3), 309(1), 310, 310A, 310C, 311C, 312(2), 312ZA(2), 312A(2) and (2A), 313(1) and (3), 313ZA(3) and 313ZC(5) .
(1) This section applies where a person is required to provide information under section 312(2) , 312ZA(2) or 312A(2) or (2A).
(2) HMRC may specify additional information which must be provided by that person to the recipients under section 312(2) , 312ZA(2) or 312A(2) or (2A) at the same time as the information referred to in subsection (1).
(3) HMRC may specify the form and manner in which the additional information is to be provided.
(4) For the purposes of this section “additional information” means information supplied by HMRC which relates to notifiable proposals or notifiable arrangements in general.
No duty of confidentiality or other restriction on disclosure (however imposed) prevents the voluntary disclosure by any person to HMRC of information or documents which the person has reasonable grounds for suspecting will assist HMRC in determining whether there has been a breach of any requirement imposed by or under this Part.
(1) HMRC may publish information about—
(a) any arrangements, or proposed arrangements, to which a reference number is allocated under section 311;
(b) where the reference number is allocated in a case within section 311(2), any person who is a promoter in relation to the arrangements or, in the case of proposed arrangements, the proposal;
(c) where the reference number is allocated in a case within section 311(3), any person who is or has been—
(i) a promoter in relation to the arrangements or proposed arrangements, or
(ii) otherwise involved in the supply of the arrangements or proposed arrangements.
(2) The information that may be published is (subject to subsection (4))—
(a) any information relating to arrangements within subsection (1)(a), or a person within subsection (1)(b) or (c), that is prescribed information for the purposes of section any provision of this Part;
(b) any ruling of a court or tribunal relating to—
(i) arrangements within subsection (1)(a);
(ii) a person within subsection (1)(b), in that person's capacity as a promoter;
(iii) a person within subsection (1)(c), in that person's capacity as a promoter or a person otherwise involved in the supply of arrangements or proposed arrangements;
(c) the number of persons in any period who enter into transactions forming part of ... arrangements within subsection (1)(a);
(d) whether arrangements within subsection (1)(a) are APN relevant (see subsection (7));
(e) any other information that HMRC considers it appropriate to publish for the purpose of identifying arrangements within subsection (1)(a) or a person within subsection (1)(b) or (c).
(3) The information may be published in any manner that HMRC considers appropriate.
(4) No information may be published under this section that identifies a person who enters into a transaction forming part of ... arrangements within subsection (1)(a).
(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) But where a person within subsection (1)(b) or (c) is also a person mentioned in subsection (4), nothing in subsection (4) is to be taken as preventing the publication under this section of information so far as relating to the person's activities as a promoter or a person involved in the supply of arrangements or proposed arrangements.
(6) Before publishing any information under this section that identifies a person as a person within subsection (1)(b) or (c), HMRC must—
(a) inform the person that they are considering doing so, and
(b) give the person reasonable opportunity to
(i) make representations about whether it should be published , and
(ii) where section 209(2) of FA 2026 applies, provide a declaration made under that subsection substantiating those representations.
(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Arrangements are “APN relevant” for the purposes of subsection (2)(d) if HMRC has indicated in a publication that it may exercise (or has exercised) its power under section 219 of the Finance Act 2014 (accelerated payment notices) by virtue of the arrangements being DOTAS arrangements within the meaning of that section.
(1) This section applies if—
(a) information about ... arrangements, or proposed ... arrangements, is published under section 316C,
(b) at any time after the information is published, a ruling of a court or tribunal is made in relation to tax arrangements, and
(c) HMRC is of the opinion that the ruling is relevant to the arrangements mentioned in paragraph (a).
(2) A ruling is “relevant” to the arrangements if—
(a) the principles laid down, or reasoning given, in the ruling would, if applied to the arrangements, allow the purported advantage arising from the arrangements in relation to tax, and
(b) the ruling is final.
(3) HMRC must publish information about the ruling.
(4) The information must be published in the same manner as HMRC published the information mentioned in subsection (1)(a) (and may also be published in any other manner that HMRC considers appropriate).
(5) A ruling is “final” if it is—
(a) a ruling of the Supreme Court, or
(b) a ruling of any other court or tribunal in circumstances where—
(i) no appeal may be made against the ruling,
(ii) if an appeal may be made against the ruling with permission, the time limit for applications has expired and either no application has been made or permission has been refused,
(iii) if such permission to appeal against the ruling has been granted or is not required, no appeal has been made within the time limit for appeals, or
(iv) if an appeal was made, it was abandoned or otherwise disposed of before it was determined by the court or tribunal to which it was addressed.
(6) Where a ruling is final by virtue of sub-paragraph (ii), (iii) or (iv) of subsection (5)(b), the ruling is to be treated as made at the time when the sub-paragraph in question is first satisfied.
(7) In this section “tax arrangements” means arrangements in respect of which it would be reasonable to conclude (having regard to all the circumstances) that the obtaining of an advantage in relation to tax was the main purpose, or one of the main purposes.
(1) Any power of the Treasury or the Board to make regulations under this Part is exercisable by statutory instrument.
(2) Regulations made by the Treasury or the Board under this Part may make different provision for different cases and may contain transitional provisions and savings.
(3) A statutory instrument containing regulations made by the Treasury or the Board under any provision of this Part is subject to annulment in pursuance of a resolution of the House of Commons.
(1) In this Part—
“advantage”, in relation to any tax, means—
relief or increased relief from, or repayment or increased repayment of, that tax, or the avoidance or reduction of a charge to that tax or an assessment to that tax or the avoidance of a possible assessment to that tax,
the deferral of any payment of tax or the advancement of any repayment of tax, or
the avoidance of any obligation to deduct or account for any tax;
“arrangements” includes any scheme, transaction or series of transactions;
“authorised officer” means an officer of Revenue and Customs authorised by His Majesty’s Revenue and Customs for the purposes of this Part or, as the case may be, section 100 of TMA 1970;
“company” has the meaning given by section 1121 of the Corporation Tax Act 2010;
“corporation tax” includes any amount which, by virtue of any of the provisions mentioned in paragraph 1 of Schedule 18 to the Finance Act 1998 (c. 36) (company tax returns, assessments and related matters) is assessable and chargeable as if it were corporation tax;
“HMRC” means the Commissioners for Her Majesty's Revenue and Customs;
“introducer”, in relation to a notifiable proposal, has the meaning given by section 307;
“make a firm approach” has the meaning given by section 307(4A);
“make a marketing contact” has the meaning given by section 307(4B);
“notifiable arrangements” has the meaning given by section 306(1);
“notifiable proposal” has the meaning given by section 306(2);
“prescribed”, except in section 306, means prescribed by regulations made by the Board;
“promoter”, in relation to notifiable arrangements or a notifiable proposal, has the meaning given by section 307;
“reference number” means a reference number allocated under section 311;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“tax” means—
income tax,
capital gains tax,
corporation tax,
petroleum revenue tax,
apprenticeship levy,
inheritance tax,
stamp duty land tax, ...
stamp duty reserve tax, or
annual tax on enveloped dwellings.
“Taxes Acts” has the same meaning as in TMA 1970 (see section 118(1) of that Act);
“trade” includes every venture in the nature of trade.
“tribunal” means the First-tier tribunal, or where determined by or under Tribunal Procedure Rules, the Upper Tribunal.
“working day” means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The following provisions of this Part come into force on the passing of this Act—
sections 306 to 315, so far as is necessary for enabling the making of any regulations for which they provide, and
sections 317 and 318 and this section.
(2) Except as provided by subsection (1), the provisions of this Part come into force on 1st August 2004.
(3) Section 308 does not apply to a promoter in the case of—
(a) any notifiable proposal as respects which the relevant date, as defined by subsection (2) of that section, fell before 18th March 2004,
(b) any notifiable arrangements which implement such a proposal, or
(c) any notifiable arrangements which include any transaction entered into before 18th March 2004.
(4) Sections 309 and 310 do not apply in relation to notifiable arrangements which include any transaction entered into before 23rd April 2004.
(5) Section 313 does not apply in relation to any notifiable arrangements in respect of which, by virtue of subsection (3) or (4), none of the duties imposed by sections 308 to 310 arises.
320 Exclusion of extended limitation period in England, Wales and Northern Ireland
(1) Section 32(1)(c) of the Limitation Act 1980 (c. 58) or, in Northern Ireland, Article 71(1)(c) of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) (extended period for bringing an action in case of mistake) does not apply in relation to a mistake of law relating to a taxation matter under the care and management of the Commissioners of Inland Revenue.
This subsection has effect in relation to actions brought on or after 8th September 2003.
(2) For the purposes of—
(a) section 35(5)(a) of the Limitation Act 1980 or, in Northern Ireland, Article 73(4)(a) of the Limitation (Northern Ireland) Order 1989 (circumstances in which time-barred claim may be brought in course of existing action), and
(b) rules of court or county court rules having effect for the purposes of those provisions,
as they apply to claims in respect of mistakes of the kind mentioned in subsection (1), a new claim shall not be regarded as arising out of the same facts, or substantially the same facts, if it is brought in respect of a different payment, transaction, period or other matter.
This subsection has effect in relation to claims made on or after 20th November 2003.
(3) If before the passing of this Act—
(a) an action is brought in relation to which a defence of limitation would have been available if subsection (1) had been in force, or
(b) a claim is made on or after 20th November 2003 that by virtue of section 35(1)(b) of the Limitation Act 1980 (c. 58) or, in Northern Ireland, Article 73(1)(b) of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) is treated as an action brought before 8th September 2003 and that claim would not have been allowed if subsections (1) and (2) above had been in force,
the action (or so much of it as relates to a cause of action in respect of which a defence of limitation would have been available or, as the case may be, a claim would not have been allowed) shall be deemed to be discontinued on the passing of this Act and any payment made by the Commissioners in or towards meeting their liability in the action (or so much of the action as so relates) may be recovered by them (with interest from the date of the payment).
(4) Nothing in this section affects a claim made before 20th November 2003 that by virtue of section 35(1)(b) of the Limitation Act 1980 or, in Northern Ireland, Article 73(1)(b) of the Limitation (Northern Ireland) Order 1989 is treated as an action brought before 8th September 2003.
(5) For the purposes of this section a claim is treated as made before 20th November 2003 if—
(a) the Commissioners have before that date consented in writing to the making of the claim; or
(b) immediately before that date—
(i) the consent of the Commissioners has been sought and has not been refused, or
(ii) an application to the court for permission to make the claim has been made and has not been refused.
(6) The provisions of this section apply to any action or claim for relief from the consequences of a mistake of law, whether expressed to be brought on the ground of mistake or on some other ground (such as unlawful demand or ultra vires act).
(7) This section shall be construed as one with the Limitation Act 1980 or, in Northern Ireland, the Limitation (Northern Ireland) Order 1989.
321 Exclusion of extended prescriptive period in Scotland
(1) Section 6(4)(a)(ii) of the Prescription and Limitation (Scotland) Act 1973 (c. 52) (extinction of obligations by prescriptive period: exclusion of period during which creditor induced by error to refrain from making claim) does not apply in relation to an obligation based on redress of unjustified enrichment arising from an error of law relating to a taxation matter under the care and management of the Commissioners of Inland Revenue.
(2) Subsection (1) has effect in relation to an obligation in respect of which no relevant claim has been made before 8th September 2003.
(3) In the case of a relevant claim made on or after that date and before the passing of this Act relating to an obligation that would have been extinguished if subsections (1) and (2) had been in force—
(a) proceedings on the claim (or so much of the proceedings as relates to such an obligation) shall be deemed to be discontinued on the passing of this Act, and
(b) any payment made by the Commissioners in or towards meeting their liability on the claim (or so much of it as so relates) may be recovered by them (with interest from the date of the payment).
(4) The provisions of this section apply in relation to any relevant claim for redress of unjustified enrichment arising from an error of law, whether expressed to be made on the ground of error or on some other ground.
(5) In this section “relevant claim” has the same meaning as in section 6 of the Prescription and Limitation (Scotland) Act 1973.
322 Mutual assistance: customs union with the Principality of Andorra
(1) The UK mutual assistance provisions have effect for the purposes of giving effect to the EC-Andorra Mutual Assistance Recovery Decision as they have effect for the purposes of giving effect to the Mutual Assistance Recovery Directive.
(2) In this section—
“the EC-Andorra Mutual Assistance Recovery Decision” means Chapter 2 of Title 1 of, and Annex 1 to, Decision No 1/2003 of the EC-Andorra Joint Committee of 3 September 2003 (on the laws, regulations and administrative provisions necessary for the proper functioning of the Customs Union between the European Union and the Principality of Andorra);
“the Mutual Assistance Recovery Directive” has the same meaning as MARD has in the UK mutual assistance provisions;
“the UK mutual assistance provisions” means the provisions of section 87 of the Finance Act 2011 (mutual assistance for recovery of taxes etc) and Schedule 25 to that Act.
(3) In the UK mutual assistance provisions as they have effect in accordance with subsection (1)—
(a) references (except for the one in paragraph 1 of Schedule 25) to MARD are to be read as references to the EC-Andorra Mutual Assistance Recovery Decision,
(b) references to another member State are to be read as references to the Principality of Andorra,
(c) references to an applicant authority of another member State are to be read as references to the competent authority of the Principality of Andorra,
(d) references to a MARD-related instrument are to be disregarded, and
(e) paragraph 10 of Schedule 25 (power to make further provision) is to be treated as omitted.
(4) The powers in section 87(2) of the Finance Act 2011 and paragraph 9 of Schedule 25 to that Act may be exercised so as to make provision for the purposes of giving effect to the EC-Andorra Mutual Assistance Recovery Decision (or amendments of the Decision) which is different to that made for the purposes of giving effect to the Mutual Assistance Recovery Directive (or amendments of the Directive).
(1) Relief under section 2 of the Finance Act 1966 (c. 18) (relief for shipbuilders in respect of certain taxes and duties) is not available, and shall be regarded as never having been available, in any case where the contract mentioned in subsection (2) of that section is—
(a) a contract made on or after 1st January 2001 relating to a self-propelled sea-going commercial vessel, within the meaning of the 1998 Regulation, or
(b) in a case not falling within paragraph (a), a contract made on or after 13th January 2004.
(2) In this section “the 1998 Regulation” means Council Regulation (EC) No 1540/ 98 of 29 June 1998 establishing new rules on aid to shipbuilding (under which operating aid for shipbuilding ended on 31st December 2000).
324 Government borrowing: preparations for possible adoption of Euro
(1) The Treasury may incur expenditure with a view to securing that they would be able to exercise their functions under sections 12 to 20A of (and Schedule 5A to) the National Loans Act 1968 (c. 13) (national debt and government accounting) if the United Kingdom were to adopt the single currency in accordance with the Treaty on the Functioning of the European Union.
(2) The Director of Savings may incur expenditure with a view to securing that he would be able to exercise his functions if the United Kingdom were to adopt the single currency in accordance with the Treaty on the Functioning of the European Union.
Regulations under section 11 of the National Debt Act 1972 (c. 65) (power of Treasury to make regulations as to raising of money under auspices of Director of Savings) may repeal any provision contained in section 54 of, or Schedule 18 to, the Finance Act 1968 (c. 44) (terms of issue of premium savings bonds).