Commentary

A7.245 DOTAS—information that can be required from introducers

Administration and compliance

A7.245 DOTAS—information that can be required from introducers

A7.245 DOTAS—information that can be required from introducers

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 action HMRC can take to obtain information from an introducer in relation to proposals that may be notifiable under DOTAS. For an overview of the information powers that can be used by HMRC in relation to DOTAS, see A7.240.

For the definition of notifiable proposals, see A7.206.

Role of an introducer for the purposes of DOTAS

An 'introducer' is a person who advertises notifiable proposals on behalf of a 'promoter' but whose role does not extend to that of a 'promoter'2. For the definition of a 'promoter', see A7.210.

Therefore an introducer has not been involved in the design of the scheme and may not know how the scheme is intended to work. Their role is simply to market the scheme to potential users and put them in touch with a promoter.3

Responsibilities of an introducer under DOTAS

An introducer is not required to make a disclosure under DOTAS4. However, an introducer may have a duty to provide information to HMRC under the following

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