DOTAS ― what is a notifiable scheme?

Produced by Tolley

The following Owner-Managed Businesses guidance note Produced by Tolley provides comprehensive and up to date tax information covering:

  • DOTAS ― what is a notifiable scheme?
  • Notifiable schemes
  • Summary of the hallmarks that must be considered
  • Inheritance tax
  • Annual tax on enveloped dwellings and stamp duty land tax
  • In-house schemes ― hallmark exemptions for small or medium-sized enterprises
  • Hallmarks
  • Confidentiality where promoter involved
  • Confidentiality where no promoter involved
  • Premium fee
  • More...

DOTAS ― what is a notifiable scheme?

Under the disclosure of tax avoidance scheme (DOTAS) regime, persons have to self assess tax planning proposals or arrangements, and if these meet one or more ‘hallmarks’, they must be disclosed to HMRC.

The DOTAS regime is deliberately cast quite widely so that it is capable of applying both to something that everyone would recognise as a tax avoidance scheme and to any set of arrangements that may be expected to deliver a tax or national insurance advantage as a main benefit.

This guidance note considers whether a scheme is notifiable in relation to the various taxes. For an summary of the DOTAS regime, including the taxes to which it applies and who must make the disclosure, see the Disclosure of tax avoidance schemes (DOTAS) ― overview guidance note.

For details of the action which end users of the scheme must take, see the DOTAS ― what end users must do guidance note.

Notifiable schemes

The DOTAS rules do not include a definition of an avoidance scheme, instead they focus on whether a scheme is ‘notifiable’. A scheme can be something that it is described as such, but the rules apply equally to any arrangements. This guidance note uses the term ‘scheme’ to cover both.

A ‘scheme’ is notifiable if it is expected, or can reasonably be expected:

  1. to deliver an advantage in relation to any of the taxes listed in the Disclosure of tax avoidance schemes (DOTAS) ― overview guidance note

  2. that advantage is the main benefit or one of the main benefits of the scheme, and

  3. that it carries certain ‘hallmarks’ or contains specified features. Those hallmarks or features vary according to the type of tax concerned and are discussed below

Tax: FA 2004, s 306; SI 2006/1543; National insurance: SSAA 1992, s 132A; SI 2012/1868, reg 25 as read with SI 2006/1543

Summary of the hallmarks that must be considered

The table below shows which hallmarks apply for which taxes, depending whether or

Popular documents