Commentary

A7.309 Promoters of tax avoidance schemes—HMRC information powers

Administration and compliance

A7.309 Promoters of tax avoidance schemes—HMRC information powers

A7.309 Promoters of tax avoidance schemes—HMRC information powers

HMRC has the power to stop persons promoting certain arrangements that may give rise to a tax advantage. HMRC can also require such persons to maintain certain conduct and monitor them if they fail to do so. This is known as the promoters of tax avoidance scheme (POTAS) regime. For an overview of the regime, see A7.301. For the key definitions, see A7.301A.

This article considers HMRC's information powers in relation to the POTAS regime. For details of the penalties for non-compliance, see A7.312.

HMRC information powers in relation to the POTAS regime

HMRC has a number of information powers, widened by FA 2021, which it can use for many purposes including1:

  1.  

    •     determining whether a person carries on or has in the past carried on a business as a promoter in relation to a relevant proposal or relevant arrangements (see A7.301A)

  2.  

    •     determining whether a person has met a threshold condition for the issue of a conduct notice (see A7.302)

  3.  

    •     determining whether a person could be given a defeat notice (see A7.305)

  4.  

    •     determining whether a person has provided false or misleading information or documents in relation to a stop notice, conduct notice or monitoring notice (see A7.312)

  5.  

    •     determining whether arrangements, or proposals for such arrangements, that an officer suspects are promoted by the relevant person are of a description that could be specified in a stop notice (see A7.301B)

  6.  

    •     enabling HMRC to understand the operation of arrangements, or proposals

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