Finance Act 2021

37 (1) Paragraph 36 (publication by HMRC) is amended as follows.

(2) For sub-paragraph (1) substitute—

“(1) HMRC may publish information about—

(a) any arrangements, or proposed arrangements, to which a reference number is allocated under paragraph 22;

(b) where the reference number is allocated in a case within paragraph 22(2), any person who is a promoter in relation to the arrangements or, in the case of proposed arrangements, the proposal;

(c) where the reference number is allocated in a case within paragraph 22(3), any person who is or has been—

(i) a promoter in relation to the arrangements or proposed arrangements, or

(ii) otherwise involved in the supply of the arrangements or proposed arrangements.”

(3) In sub-paragraph (2)—

(a) in paragraph (a)—

(i) after “(1)(b)” insert “or (c)”;

(ii) for “11, 12, 17 or 18” substitute “any provision of this Part”;

(b) for paragraph (b) substitute—

“(b) any ruling of a court or tribunal relating to—

(i) arrangements within sub-paragraph (1)(a);

(ii) a person within sub-paragraph (1)(b), in that person’s capacity as a promoter;

(iii) a person within sub-paragraph (1)(c), in that person’s capacity as a promoter or a person otherwise involved in the supply of arrangements or proposed arrangements;”;

(c) in paragraph (c), omit “notifiable”;

(d) in paragraph (d), after “(1)(b)” insert “or (c)”.

(4) In sub-paragraph (4), omit “notifiable”.

(5) After sub-paragraph (4), insert—

“(4A) No information may be published under this paragraph in respect of a person involved in the supply of arrangements or proposed arrangements where there are reasonable grounds for believing that the person’s involvement is limited to activities subject to legal professional privilege.”

(6) In sub-paragraph (5)—

(a) for “who is a promoter within sub-paragraph (1)(b)” substitute “within sub-paragraph (1)(b) or (c)”;

(b) for “as a promoter” substitute “as a promoter or a person involved in the supply of arrangements or proposed arrangements”.

(7) In sub-paragraph (6), for “a promoter within sub-paragraph (1)(b)” substitute “a person within sub-paragraph (1)(b) or (c)”.

(8) After sub-paragraph (6) insert—

“(7) Where the reference number is allocated in a case within paragraph 22(3)—

(a) information that identifies a person within sub-paragraph (1)(b) or (c) may not be published for the first time after the end of the period of one year beginning with the day on which the reference number is allocated;

(b) no information that identifies a person within sub-paragraph (1)(b) or (c) may be published (or continue to be published) after the end of the period of one year beginning with the day on which it is first published.

(8) In determining a period of one year for the purposes of sub-paragraph (7)(a) or (b), no account is to be taken of any period during which HMRC are prohibited from publishing the information because of proceedings before a court or tribunal.”