Policy paper

Draft legislation: Promoters of Tax Avoidance Schemes - technical consultation on draft regulations

The draft regulations published today for technical consultation are designed to exclude two types of persons from the definition of ‘promoter’ for the purposes of the Promoters of Tax Avoidance legislation in Finance Act 2014.

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This is the first set regulations needed to support the HRP. The draft regulations published today for technical consultation are designed to exclude two types of persons from the definition of ‘promoter’ - namely;

  • a company that provides in-house taxation services to companies in the same group and is not in any sense marketing tax avoidance schemes to the public

  • an adviser (such as a lawyer or accountant) who provides advice on a discrete point of law or accountancy but is not involved in the overall design of the tax avoidance scheme

These draft regulations are to meet concerns raised during the development of the primary legislation. These regulations are relieving and will have retrospective effect - from the date of Royal Assent of the Finance Act (17 July 2014). Any comments should be directed to: ca.consultation@hmrc.gsi.gov.uk by Friday 31 October.

Published 3 October 2014