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SCHEDULES

SCHEDULE 35Promoters of tax avoidance schemes: penalties

Concealing, destroying etc documents following informal notification

7(1)A person must not conceal, destroy or otherwise dispose of, or arrange for the concealment, destruction or disposal of, a document if an officer of Revenue and Customs has informed the person in writing that the person is, or is likely, to be given a notice under 255, 257 or 262 the effect of which will, or is likely to, require the production of the document.

(2)Sub-paragraph (1) does not apply if the person acts—

(a)at least 6 months after the person was, or was last, informed as described in sub-paragraph (1), or

(b)after the person becomes subject to a duty under 255, 257 or 262 which requires the document to be produced.

(3)A person who conceals, destroys or otherwise disposes of, or arranges for the concealment, destruction or disposal of, a document in breach of sub-paragraph (1), is taken to have failed to comply with the duty to produce the document under the provision concerned (but see sub-paragraph (4)).

(4)If a person conceals, destroys or otherwise disposes of, or arranges for the concealment, destruction or disposal of, a document which is subject to a duty under more than one of the provisions mentioned in sub-paragraph (1) then—

(a)in a case where a duty under section 255 applies, the person will be taken to have failed to comply only with that provision, or

(b)in a case where a duty under section 255 does not apply, the person will be taken to have failed to comply only with section 257.