Commentary

A7.231 DOTAS—time limits for making the disclosure

Administration and compliance

A7.231 DOTAS—time limits for making the disclosure

A7.231 DOTAS—time limits for making the disclosure

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 considers the deadline for the disclosure required under DOTAS. For details of who is required to make the disclosure to HMRC and the information that must be included, see A7.230.

Once the disclosure is made, HMRC will issue the scheme reference number. There are various duties that must be discharged on receipt of the scheme reference number, see A7.233.

Deadlines for making the disclosure under DOTAS

The time limits for making the disclosure are both strict and tight, thus requiring help and advice from the party which designed the scheme. Ideally, the promoter or in-house scheme designer should complete preparatory work for the disclosure prior to triggering the deadline.

In all the deadlines discussed below, weekends and bank holidays are ignored, ie all the deadlines refer to working days2.

If the deadline for disclosure is missed, penalties may be charged, see A7.261.

Promoters

Where a promoter is involved (see A7.210), the trigger for the time limit depends on whether the disclosure is in relation to notifiable proposals (see A7.206) or notifiable arrangements (see A7.205).

Notifiable proposal

Where the disclosure

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