Law

Finance Act 2004

United Kingdom · statute

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In force since 2026-07-14, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 522 provisions
  1. Title and introductory text
  2. 1 Rates of tobacco products duty
  3. 2 Rate of duty on beer
  4. 3 Rates of duty on wine and made-wine
  5. 4 Duty stamps for spirits etc
  6. 5 Rates
  7. 6 Road fuel gas
  8. 7 Sulphur-free fuel
  9. 8 Definition of “fuel oil”
  10. 9 Mixing of rebated oil
  11. 10 Bioethanol
  12. 11 Biodiesel
  13. 12 Fuel substitutes
  14. 13 Warehousing
  15. 14 Treatment of certain energy products
  16. 15 General betting duty: pool betting
  17. 16 Rates of gaming duty
  18. 17 Amusement machine licence duty: rates
  19. 18 Fee for payment of duty by credit card
  20. 19 Disclosure of VAT avoidance schemes
  21. 20 Groups
  22. 21 Reverse charge on gas and electricity supplied by persons outside UK
  23. 22 Use of stock in trade cars for consideration less than market value
  24. 23 Charge and rates for 2004-05
  25. 24 Personal allowances for those aged 65 or more
  26. 25 Charge and main rate for financial year 2005
  27. 26 Small companies' rate and fraction for financial year 2004
  28. 27 Corporation tax starting rate and fraction for financial year 2004
  29. 28 The non-corporate distribution rate
  30. 29 Special rates of tax applicable to trusts
  31. 33 Provision not at arm’s length: temporary relaxation of liability to penalty
  32. 34 Payments of excessive interest etc
  33. 35 Elimination of double counting etc
  34. 36 Balancing payments and elections to pay tax instead
  35. 37 Commencement and transitional provisions
  36. 38 Expenses of management: companies with investment business
  37. 39 Accounting period to which expenses of management are referable
  38. 40 Expenses of insurance companies
  39. 41 Related amendments to other enactments
  40. 42 Commencement of sections 38 to 41
  41. 43 Companies with investment business: transitional provisions
  42. 44 Insurance companies: transitional provisions
  43. 45 Amounts reversing expenses of management deducted: charge to tax
  44. 46 Power to make consequential amendments
  45. 47 Insurance companies etc.
  46. 48 Loan relationships: miscellaneous amendments
  47. 49 Derivative contracts: miscellaneous amendments
  48. 50 Generally accepted accounting practice
  49. 51 Use of different accounting practices within a group of companies
  50. 52 Amendment of enactments that operate by reference to accounting practice
  51. 53 Treatment of expenditure on research and development
  52. 54 Trading profits etc. from securities: taxation of amounts taken to reserves
  53. 55 Duty of company to give notice of coming within charge to corporation tax
  54. 55A Section 55: exception to duty to give notice
  55. 56 Relief for community amateur sports clubs
  56. 57 Introduction
  57. 58 Sub-contractors
  58. 59 Contractors
  59. 60 Contract payments
  60. 61 Deductions on account of tax from contract payments
  61. 62 Treatment of sums deducted
  62. 62A Payments made in the knowledge of deliberate failures to comply
  63. 62B Returns made in the knowledge of deliberate failures to comply
  64. 62C Regulations
  65. 63 Registration for gross payment or for payment under deduction
  66. 64 Requirements for registration for gross payment
  67. 65 Change in control of company registered for gross payment
  68. 66 Cancellation of registration for gross payment
  69. 67 Registration for gross payment: appeals
  70. 68 Registration for payment under deduction: cancellation and appeals
  71. 69 Verification etc of registration status of sub-contractors
  72. 70 Periodic returns by contractors etc
  73. 70A Security for payments to HMRC
  74. 71 Collection and recovery of sums to be deducted
  75. 72 Penalties: false statements and documentation
  76. 72A Penalties: deliberate failures to comply
  77. 72B Penalties under section 72A: officers’ liability
  78. 72C Appeals in relation to a decision notice under section 72B
  79. 73 Regulations under this Chapter: supplementary
  80. 73A Designated international organisations: exemption from section 59
  81. 74 Meaning of “construction operations”
  82. 75 Meaning of “the Inland Revenue” etc and delegation of Board’s functions
  83. 76 Consequential amendments
  84. 77 Commencement and transitional provision
  85. 78 Childcare and childcare vouchers
  86. 79 Exemption for loaned computer equipment
  87. 80 Vans
  88. 81 Emergency vehicles
  89. 82 European travel expenses of MPs and other representatives
  90. 83 Giving through the self-assessment return
  91. 84 Charge to income tax by reference to enjoyment of property previously owned
  92. 85 Relief where national insurance contributions met by employee
  93. 86 Shares in employee-controlled companies and unconnected companies
  94. 87 Restricted securities with artificially depressed value
  95. 88 Shares under approved plans and schemes
  96. 89 Shares acquired on public offer
  97. 90 Associated persons etc.
  98. 91 Income of spouses: jointly held property
  99. 92 Minor amendments of or connected with ITEPA 2003
  100. 93 Enterprise investment scheme
  101. 94 Venture capital trusts
  102. 95 Corporate venturing scheme
  103. 96 Enterprise management incentives: subsidiaries
  104. 97 Introductory
  105. 98 Exemption from income tax for certain interest and royalty payments
  106. 99 Permanent establishments and “25% associates”
  107. 100 Interest payments: exemption notices
  108. 101 Payment of royalties without deduction at source
  109. 102 Claim for tax deducted at source from exempt interest or royalty payments
  110. 103 Special relationships
  111. 104 Anti-avoidance
  112. 105 Consequential amendments
  113. 106 Transitional provision
  114. 112 Computation of income etc subject to foreign tax and special withholding tax
  115. 113 Issue of certificate
  116. 114 Refusal to issue certificate and appeal against refusal
  117. 115 Supplementary
  118. 116 Restriction of gifts relief etc
  119. 117 Private residence relief
  120. 118 Authorised unit trusts: treatment of umbrella schemes
  121. 124 Restriction of relief: non-active partners
  122. 125 Partnerships exploiting films
  123. 134 Finance leasebacks
  124. 135 Rent factoring of leases of plant or machinery
  125. 136 Manufactured dividends
  126. 137 Manufactured payments under arrangements having an unallowable purpose
  127. 138 Gilt strips
  128. 139 Gifts of shares, securities and real property to charities etc
  129. 140 Life policies etc.: restriction of corresponding deficiency relief
  130. 141 Relief for research and development: software and consumable items
  131. 142 Temporary increase in amount of first-year allowances for small enterprises
  132. 143 Deduction for expenditure by landlords on energy-saving items
  133. 144 Lloyd’s names: conversion to limited liability underwriting
  134. 145 Offshore funds
  135. 146 Meaning of “offshore installation”
  136. 147 Immediate needs annuities
  137. 148 Corporation tax: health service bodies
  138. 149 Overview of Part 4
  139. 150 Meaning of “pension scheme”
  140. 151 Meaning of “member”
  141. 152 Meaning of “arrangement”
  142. 153 Registration of pension schemes
  143. 153A Power to require information or documents in relation to applications for registration
  144. 153B Power to inspect documents in relation to applications for registration
  145. 153C Penalties for failure to comply with information notices etc
  146. 153D Penalties for inaccurate information in applications
  147. 153E Penalties for inaccurate information or documents provided under information notice
  148. 153F Penalties for false declarations
  149. 154 Persons by whom registered pension scheme may be established
  150. 155 Persons by whom scheme may be established: supplementary
  151. 156 Appeal against decision not to register
  152. 156A Cases where application for registration not decided within 6 months
  153. 157 De-registration
  154. 158 Grounds for de-registration
  155. 159 Appeal against decision to de-register
  156. 159A Power to require information or documents for purpose of considering if scheme administrator is fit and proper
  157. 159B Power to inspect documents for purpose of considering if scheme administrator is fit and proper
  158. 159C Penalties for failure to comply with information notices etc
  159. 159D Penalties for inaccurate information or documents provided under information notice
  160. 160 Payments by registered pension schemes
  161. 161 Meaning of “payment” etc
  162. 162 Meaning of “loan”
  163. 163 Meaning of “borrowing” etc
  164. 164 Authorised member payments
  165. 165 Pension rules
  166. 166 Lump sum rule
  167. 167 Pension death benefit rules
  168. 168 Lump sum death benefit rule
  169. 169 Recognised transfers
  170. 170 Appeal against decision to exclude recognised overseas pension scheme
  171. 171 Scheme administration member payments
  172. 172 Assignment
  173. 172A Surrender
  174. 172B Increase in rights of connected person on death
  175. 172BA Increase in rights on death arising from alternatively secured pension fund etc
  176. 172C Allocation of unallocated employer contributions
  177. 172D Limit on increase in benefits
  178. 173 Benefits
  179. 174 Value shifting
  180. 174A Taxable property held by investment-regulated pension schemes
  181. 175 Authorised employer payments
  182. 176 Public service scheme payment
  183. 177 Authorised surplus payment
  184. 178 Compensation payments
  185. 179 Authorised employer loan
  186. 180 Scheme administration employer payments
  187. 181 Value shifting
  188. 181A Minimum level of payment
  189. 182 Unauthorised borrowing: money purchase arrangements other than collective money purchase arrangements
  190. 183 Effect of unauthorised borrowing: money purchase arrangements other than collective money purchase arrangements
  191. 184 Unauthorised borrowing: other arrangements
  192. 185 Effect of unauthorised borrowing: other arrangements
  193. 185A Income from taxable property
  194. 185B Annual profits and deemed profits
  195. 185C Deemed market value
  196. 185D Apportionment to pension scheme
  197. 185E Credit for tax paid
  198. 185F Gains from taxable property
  199. 185G Disposal by person holding directly
  200. 185H Disposal of interest in vehicle
  201. 185I Credit for tax paid
  202. 185J Effect of repayment of certain pre-6 April 2015 lump sums
  203. 186 Income
  204. 187 Chargeable gains
  205. 188 Relief for contributions
  206. 189 Relevant UK individual
  207. 190 Annual limit for relief
  208. 191 Methods of giving relief
  209. 192 Relief at source
  210. 192A Relief at source: additional relief
  211. 192B Relief at source: excessive relief given
  212. 193 Relief under net pay arrangements
  213. 193A Net pay arrangements: disparity with relief at source
  214. 194 Relief on making of claim
  215. 195 Transfer of certain shares to be treated as payment of contribution
  216. 195A Life assurance premium contributions
  217. 196 Relief for employers in respect of contributions paid
  218. 196A Power to restrict relief
  219. 196B Employer asset-backed contributions: denial of relief (1)
  220. 196C Employer asset-backed contributions: “acceptable structured finance arrangement” (1)
  221. 196D Employer asset-backed contributions: denial of relief (2)
  222. 196E Employer asset-backed contributions: “acceptable structured finance arrangement” (2)
  223. 196F Employer asset-backed contributions: denial of relief (3)
  224. 196G Employer asset-backed contributions: “acceptable structured finance arrangement” (3)
  225. 196H Employer asset-backed contributions: “relevant change in relation to the partnership” and “person involved in the relevant change”
  226. 196I Employer asset-backed contributions: change in lender's original position under acceptable structured finance arrangement etc
  227. 196J Employer asset-backed contributions: further events which cause section 196I to apply
  228. 196K Employer asset-backed contributions: “advances” under acceptable structured finance arrangements
  229. 196L Employer asset-backed contributions: supplementary
  230. 197 Spreading of relief
  231. 198 Spreading of relief: cessation of business
  232. 199 Deemed contributions
  233. 199A Indirect contributions
  234. 200 No other relief for employers in connection with contributions
  235. 201 Relief for employees
  236. 202 Minimum contributions under pensions legislation
  237. 203 Inheritance tax exemptions
  238. 204 Authorised pensions and lump sums
  239. 205 Short service refund lump sum charge
  240. 205A Serious ill-health lump sum charge
  241. 206 Special lump sum death benefits charge
  242. 206A Partial repayment of section 206 charge where IHT paid by recipient of benefit
  243. 206B Supplementary charge on refund of overpaid IHT
  244. 207 Authorised surplus payments charge
  245. 208 Unauthorised payments charge
  246. 209 Unauthorised payments surcharge
  247. 210 Surchargeable unauthorised member payments
  248. 211 Valuation of crystallised rights for purposes of section 210
  249. 212 Valuation of uncrystallised rights for purposes of section 210
  250. 213 Surchargeable unauthorised employer payments
  251. 213A High income excess relief charge
  252. 213B High income
  253. 213C Gross income
  254. 213D Relevant income
  255. 213E The appropriate rate
  256. 213F Total pension savings amount
  257. 213G Money purchase arrangements other than cash balance arrangements
  258. 213H Cash balance arrangements
  259. 213I Adjustment of closing rights
  260. 213J Defined benefits arrangements
  261. 213K Adjustment of closing pension and lump sum
  262. 213L Age-related factors
  263. 213M Uprating of opening rights, pension and lump sum
  264. 213N Hybrid arrangements
  265. 213O Anti-avoidance
  266. 213P Power to make regulations about charge
  267. 214 Lifetime allowance charge
  268. 215 Amount of charge
  269. 216 Benefit crystallisation events and amounts crystallised
  270. 217 Persons liable to charge
  271. 218 Individual’s lifetime allowance and standard lifetime allowance
  272. 219 Availability of individual’s lifetime allowance
  273. 220 Pension credits from previously crystallised rights
  274. 221 Non-residence: general
  275. 222 Non-residence: money purchase arrangements
  276. 223 Non-residence: other arrangements
  277. 224 Transfers from recognised overseas pension scheme: general
  278. 225 Overseas scheme transfers: money purchase arrangements
  279. 226 Overseas scheme transfers: other arrangements
  280. 227 Annual allowance charge
  281. 227ZA The chargeable amount
  282. 227A Individuals who meet flexible drawdown conditions
  283. 227B The alternative chargeable amount
  284. 227C Meaning of “money-purchase input sub-total”
  285. 227D Pension input amounts in respect of certain hybrid arrangements
  286. 227E Pension input periods ending before rights are first flexibly accessed
  287. 227F Pension input periods in which rights are first flexibly accessed
  288. 227G When pension rights are first flexibly accessed
  289. 228 Annual allowance
  290. 228ZA Tapered reduction of annual allowance: high-income individual
  291. 228ZB Anti-avoidance in connection with section 228ZA
  292. 228A Carry forward of unused annual allowance
  293. 228B Carry forward: certain periods treated as pension input periods
  294. 228C Annual allowance for, and carry-forward from, 2015-16
  295. 229 Total pension input amount
  296. 230 Cash balance arrangements
  297. 231 Cash balance arrangements: uprating of opening value
  298. 232 Cash balance arrangements: adjustments of closing value
  299. 233 Other money purchase arrangements
  300. 234 Defined benefits arrangements
  301. 235 Defined benefits arrangements: uprating of opening value
  302. 236 Defined benefits arrangements: adjustments of closing value
  303. 236ZA Defined benefits arrangements: public service pension schemes
  304. 236A Post-entitlement enhancements
  305. 237 Hybrid arrangements
  306. 237ZA Pension input amounts for input periods ending in 2015-16
  307. 237A Liability of individual
  308. 237B Liability of scheme administrator
  309. 237BA Time limit for notices under section 237B
  310. 237C Exceptions
  311. 237D Discharge of scheme administrator's liability
  312. 237E Consequential benefit adjustments to be reasonable etc
  313. 237F Power to modify rules
  314. 238 Pension input period : arrangement commencing before 9 July 2015
  315. 238ZA Pension input periods from 9 July 2015 for existing arrangement
  316. 238ZB Pension input periods for arrangement commencing after 8 July 2015
  317. 238A Power to make orders about charge
  318. 239 Scheme sanction charge
  319. 240 Amount of charge
  320. 241 Scheme chargeable payment
  321. 242 De-registration charge
  322. 242A Meaning of “non-UK registered scheme”
  323. 242B Meaning of “UK-relieved funds”
  324. 242C Application of this Part to non-UK registered schemes
  325. 242D Non-UK registered schemes: annual allowance charge
  326. 242E Investment-regulated non-UK registered schemes
  327. 243 Overseas pension schemes: migrant member relief
  328. 244 Non-UK schemes: application of certain charges
  329. 244A Overseas transfer charge
  330. 244AA Overseas transfer charge: introduction
  331. 244AB Overseas transfer charge: interpretation
  332. 244AC Overseas transfer charge: transfers where no exclusion applies
  333. 244B Exclusion: member and receiving scheme in same country
  334. 244C Exclusion: receiving scheme in EEA state or Gibraltar, and member resident in UK or EEA state
  335. 244D Exclusion: receiving scheme is an occupational pension scheme
  336. 244E Exclusion: receiving scheme set up by international organisation
  337. 244F Exclusion: receiving scheme is an overseas public service scheme
  338. 244G Exclusions: avoidance of double charge, and transitional protections
  339. 244H Power to provide for further exclusions
  340. 244I Circumstances in which exclusions do not apply
  341. 244IA Overseas transfer charge: transfers exceeding available allowance
  342. 244IB Member’s overseas transfer allowance
  343. 244IC Availability of member’s overseas transfer allowance
  344. 244ID Information to be provided by relieved relevant non-UK scheme on block transfer
  345. 244J Persons liable to charge
  346. 244JA Amount of charge
  347. 244K Meaning of “transferred value”
  348. 244L Accounting for overseas transfer charge by scheme managers
  349. 244M Repayments of charge on subsequent excluding events
  350. 244N Discharge of liability of scheme administrator or manager
  351. 245 Restriction of deduction for contributions by employer
  352. 246 Restriction of deduction for non-contributory provision
  353. 246A Case where no relief for provision by an employer
  354. 247 Abolition of income tax charge in respect of employer payments
  355. 248 Employer’s cost of insuring against non-payment of benefit
  356. 249 Taxation of non-pension benefits
  357. 250 Registered pension scheme return
  358. 251 Information: general requirements
  359. 252 Notices requiring documents or particulars
  360. 253 Appeal against notices
  361. 254 Accounting for tax by scheme administrators
  362. 255 Assessments under this Part
  363. 255A Electronic payment
  364. 255B Payments to be cleared payments
  365. 256 Enhanced ... allowance regulations
  366. 257 Registered pension scheme return
  367. 258 Information required by regulations
  368. 259 Documents and particulars required by notice
  369. 260 Accounting return
  370. 261 Enhanced ... allowance regulations: documents and information
  371. 262 Enhanced ... allowance regulations: failures to comply
  372. 263 ... Enhanced protection: benefit accrual
  373. 264 False statements etc
  374. 265 Winding-up to facilitate payment of lump sums
  375. 266 Transfers to insured schemes
  376. 266A Member's liability
  377. 266B Scheme's liability
  378. 267 Lifetime allowance charge
  379. 268 Unauthorised payments surcharge and scheme sanction charge
  380. 269 Appeal against decision on discharge of liability
  381. 270 Meaning of “scheme administrator”
  382. 271 Liability of scheme administrator
  383. 272 Trustees etc. liable as scheme administrator
  384. 272A Liabilities of independent trustee
  385. 272B Liabilities of scheme administrator appointed by independent trustee etc
  386. 272C Former scheme administrator etc to retain liability
  387. 273 Members liable as scheme administrator
  388. 273ZA Income and gains from taxable property
  389. 273A Insurance company liable as scheme administrator
  390. 273B Power of trustees or managers to make certain payments
  391. 274 Supplementary
  392. 274ZZA Master Trust schemes
  393. 274ZZB Collective money purchase schemes
  394. 274ZZC Power to make provision about collective money purchase schemes
  395. 274ZA Schemes treated as occupational pension schemes
  396. 274ZB Treatment of pension benefits reclaimed from reclaim fund etc
  397. 274A Power to split schemes
  398. 275 Insurance company
  399. 276 Relevant valuation factor
  400. 277 Valuation assumptions
  401. 278 Market value
  402. 278A Disqualifying pension credits
  403. 278B Annuities and scheme pensions: meaning of “related to”
  404. 279 Other definitions
  405. 280 Abbreviations and general index
  406. 281 Minor and consequential amendments
  407. 282 Orders and regulations
  408. 283 Transitionals and savings
  409. 284 Commencement
  410. 285 Certain receipts not to be tariff receipts
  411. 286 Petroleum extraction activities: exploration expenditure supplement
  412. 287 Restrictions on expenditure allowable
  413. 288 Terminal losses
  414. 289 Supplies to producers of commodities
  415. 290 Transitional tax credit in Northern Ireland: changes to existing scheme
  416. 291 Transitional tax credit in Northern Ireland: new scheme
  417. 292 Lorry road-user charge
  418. 293 Delivery of accounts etc
  419. 294 Grant of probate
  420. 295 Amendments to penalty regime
  421. 296 Miscellaneous amendments
  422. 297 Leases
  423. 298 Notification, registration and penalties
  424. 299 Claims not included in returns
  425. 300 Assents and appropriations by personal representatives
  426. 301 Chargeable consideration
  427. 302 Charities relief
  428. 303 Shared ownership leases
  429. 304 Application to certain partnership transactions
  430. 305 Liability of partners
  431. 305A Introduction
  432. 306 Meaning of “notifiable arrangements” and “notifiable proposal”
  433. 306A Doubt as to notifiability
  434. 307 Meaning of “promoter”
  435. 308 Duties of promoter
  436. 308A Supplemental information
  437. 309 Duty of person dealing with promoter outside United Kingdom
  438. 310 Duty of parties to notifiable arrangements not involving promoter
  439. 310A Duty to provide further information requested by HMRC
  440. 310B Failure to provide information under section 310A: application to the Tribunal
  441. 310C Duty of promoters to provide updated information
  442. 310D Notice of potential allocation of reference number: arrangements and proposals suspected of being notifiable
  443. 311 Allocation of reference number to arrangements
  444. 311A Duty of HMRC to notify persons of reference number
  445. 311B Right of appeal: section 311(3) case
  446. 311C Duty to provide further information requested by HMRC: section 311(3) case
  447. 312 Duty of promoter to notify client of number : section 311(2) case
  448. 312ZA Duty to notify client of reference number: section 311(3) case
  449. 312A Duty of client to notify parties of number
  450. 312B Duty of client to provide information ...
  451. 313 Duty of parties to notify HMRC of reference number etc
  452. 313ZA Duty to provide details of clients
  453. 313ZB Enquiry following disclosure of client details
  454. 313ZC Duty of employer to notify HMRC of details of employees etc
  455. 313A Pre-disclosure enquiry
  456. 313B Reasons for non-disclosure: supporting information
  457. 313C Provision of information to HMRC by introducers
  458. 314 Legal professional privilege
  459. 314A Order to disclose
  460. 315 Penalties
  461. 315A Further penalties
  462. 315B Determination of penalties
  463. 315C Failure to comply with time limit
  464. 315D Other exemptions from liability to a penalty
  465. 315E Regulations to vary amounts
  466. 316 Information to be provided in form and manner specified by HMRC
  467. 316A Duty to provide additional information
  468. 316B Confidentiality
  469. 316C Publication by HMRC
  470. 316D Section 316C: subsequent judicial rulings
  471. 317 Regulations under Part 7
  472. 317A Special Commissioners: procedure
  473. 318 Interpretation of Part 7
  474. 319 Part 7: commencement and savings
  475. 320 Exclusion of extended limitation period in England, Wales and Northern Ireland
  476. 321 Exclusion of extended prescriptive period in Scotland
  477. 322 Mutual assistance: customs union with the Principality of Andorra
  478. 323 Ending of shipbuilders' relief
  479. 324 Government borrowing: preparations for possible adoption of Euro
  480. 325 Premium bonds
  481. 326 Repeals
  482. 327 Interpretation
  483. 328 Short title
  484. SCHEDULE 1 New Schedule 2A to the Alcoholic Liquor Duties Act 1979
  485. SCHEDULE 2 Disclosure of value added tax avoidance schemes
  486. SCHEDULE 4 Amendments relating to the rate applicable to trusts
  487. SCHEDULE 5 Provision not at arm’s length: related amendments
  488. SCHEDULE 7 Insurance companies etc
  489. SCHEDULE 10 Amendment of enactments that operate by reference to accounting practice
  490. SCHEDULE 11 Conditions for registration for gross payment
  491. SCHEDULE 12 Construction industry scheme: consequential amendments
  492. SCHEDULE 13 Childcare and childcare vouchers
  493. SCHEDULE 14 Vans
  494. SCHEDULE 15 Charge to income tax on benefits received by former owner of property
  495. SCHEDULE 16 Relief where national insurance contributions met by employee
  496. SCHEDULE 17 Minor amendments of or connected with the Income Tax (Earnings and Pensions) Act 2003
  497. SCHEDULE 18 Enterprise investment scheme
  498. SCHEDULE 19 Venture capital trusts
  499. SCHEDULE 20 Corporate venturing scheme
  500. SCHEDULE 21 Chargeable gains: restriction of gifts relief etc
  501. SCHEDULE 22 Chargeable gains: private residence relief
  502. SCHEDULE 23 Finance leasebacks: transitional provision
  503. SCHEDULE 24 Manufactured dividends
  504. SCHEDULE 25 Lloyd’s names: conversion to limited liability underwriting
  505. SCHEDULE 26 Offshore funds
  506. SCHEDULE 27 Meaning of “offshore installation”
  507. SCHEDULE 28 Registered pension schemes: authorised pensions—supplementary
  508. SCHEDULE 29 Registered pension schemes: authorised lump sums—supplementary
  509. SCHEDULE 29A Taxable property held by investment-regulated pension schemes
  510. SCHEDULE 30 Registered pension schemes: employer loans
  511. SCHEDULE 31 Taxation of benefits under registered pension schemes
  512. SCHEDULE 32 Registered pension schemes: benefit crystallisation events ...
  513. SCHEDULE 33 Overseas pension schemes: migrant member relief
  514. SCHEDULE 34 Non-UK schemes: application of certain charges and protections etc
  515. SCHEDULE 35 Pension schemes etc: minor and consequential amendments
  516. SCHEDULE 36 Pension schemes etc: transitional provisions and savings
  517. SCHEDULE 37 Oil taxation: tax-exempt tariffing receipts and assets producing them
  518. SCHEDULE 38 Schedule to be inserted as Schedule 19B to the Taxes Act 1988
  519. SCHEDULE 39 Stamp duty land tax and stamp duty
  520. SCHEDULE 40 Stamp duty land tax: claims not included in returns
  521. SCHEDULE 41 Stamp duty land tax: application to certain partnership transactions
  522. SCHEDULE 42 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

522 provisions

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.

Propose a change

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.

Propose a change

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.

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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.

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311B Right of appeal: 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) 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.

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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.

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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.

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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.

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312A Duty of client to notify parties of number

(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.

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312B Duty of client to provide information ...

(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.

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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.

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313ZA Duty to provide details of clients

(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.

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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.

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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.

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313A Pre-disclosure enquiry

(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.

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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).

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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.

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314 Legal professional privilege

(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.

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314A Order to disclose

(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.

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315 Penalties

(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).

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315A Further penalties

(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).

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315B Determination of penalties

(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.

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315C Failure to comply with time limit

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.

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315D Other exemptions from liability to a penalty

(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.

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315E Regulations to vary amounts

(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.

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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) .

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316A Duty to provide additional information

(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.

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316B Confidentiality

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.

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316C Publication by HMRC

(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.

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316D Section 316C: subsequent judicial rulings

(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.

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317 Regulations under Part 7

(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.

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317A Special Commissioners: procedure

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318 Interpretation of Part 7

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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319 Part 7: commencement and savings

(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.

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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.

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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.

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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).

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323 Ending of shipbuilders' relief

(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).

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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.

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325 Premium bonds

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).

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