Commentary

A7.217 Confidentiality where no promoter is involved

Administration and compliance

A7.217 Confidentiality where no promoter is involved

A7.217 Confidentiality where no promoter is involved

The second hallmark – confidentiality where no promoter is involved – is quite specific and wide ranging, covering arrangements where1:

  1.  

    (a)     no person is a promoter in relation to them

  2.  

    (b)     the intended user of the arrangements is a business which is not a small or medium-sized enterprise2

  3.  

    (c)     any element of the arrangements (including the way in which the arrangements are structured) gives rise to the tax advantage expected to be obtained under the arrangements

  4.  

    (d)     it might reasonably be expected that the user of those arrangements wishes the way in which that element is expected to secure a tax advantage to be kept confidential from HMRC at any time following the material date

  5.  

    (e)     a reason for the user's wishing to keep that element confidential from HMRC is to3:

    1.  

      –     facilitate repeated or continued use of the same element, or substantially the same element, in the future

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