Commentary

A7.222 DOTAS hallmarks—leasing arrangements

Administration and compliance

A7.222 DOTAS hallmarks—leasing arrangements

A7.222 DOTAS hallmarks—leasing arrangements

The disclosure of tax avoidance scheme (DOTAS) rules require certain persons, usually promoters of schemes, but also users in certain circumstances, to provide HMRC with information about schemes falling within certain descriptions, known as 'hallmarks'. The person must tell HMRC how the scheme is intended to work, usually within five days of the date the scheme is made available to any person.1

For an overview of the DOTAS regime, see A7.202.

This article discusses the leasing arrangements hallmark. For an overview of the hallmarks and lists that show which hallmarks must be considered in different situations, see A7.215.

Application of this hallmark

This DOTAS hallmark prescribes 'arrangements' which involve the use of certain leasing arrangements2. For the definition of 'arrangements', see A7.205.

This hallmark applies where the arrangements provide a tax advantage relating to income tax, corporation tax or capital gains tax irrespective of whether a promoter is involved3. See A7.215.

This hallmark must be considered by the following persons when deciding whether the arrangements are notifiable for the purposes of a disclosure under DOTAS:

  1.  

    •     the promoter of the arrangements (see A7.210), or

  2.  

    •     the user of the arrangements, where they are required to make the disclosure because:

    1.  

      –     there is no promoter because the arrangements have been developed by in-house tax departments (see A7.212)

    2.  

      –     the promoter is exempt from making the disclosure due to legal professional privilege (see A7.213), or

    3.  

      –     the promoter is non-UK resident and has failed to disclose the arrangements (see A7.211)

Leasing arrangements hallmark

This

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