Commentary

A7.305 Promoters of tax avoidance schemes—defeat notices

Administration and compliance

A7.305 Promoters of tax avoidance schemes—defeat notices

A7.305 Promoters of tax avoidance schemes—defeat notices

For the latest New Development, see ND.1740.

Promoters of tax avoidance schemes who satisfy one or more 'threshold conditions' relating to previous behaviour or who regularly promote avoidance schemes which are defeated are subject to a compliance regime. For an overview of the regime, see A7.301. This article considers the issue of a defeat notice, which may be necessary for HMRC to issue a conduct notice to a promoter, see A7.304.

The promoters of tax avoidance schemes rules are also referred to as 'POTAS'.

Defeat notices

Where an authorised officer becomes aware of either one or two relevant defeats (see A7.306) occurring in relation to that promoter in the previous three years, they must, within 90 days of the day on which a relevant defeat comes to their attention, issue a defeat notice setting out1:

  1.  

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