The National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007

Meaning of promoter

6.—(1) For the purposes of this Part a person is a promoter—

(a) in relation to a notifiable contribution proposal if, in the course of a relevant business—

(i) he is to any extent responsible for the design of the proposed arrangements, or

(ii) he makes the notifiable contribution proposal available for implementation by other persons; and

(b) in relation to notifiable contribution arrangements, if he is by virtue of sub-paragraph (a)(ii) a promoter in relation to a notifiable contribution proposal which is implemented by those arrangements or if, in the course of a relevant business, he is to any extent responsible for—

(i) the design of the arrangements, or

(ii) the organisation or management of the arrangements.

(2) In this regulation “relevant business” means any trade, profession or business which—

(a) involves the provision to other persons of services relating to national insurance contributions, or

(b) is carried on by a bank, as defined by section 840A of the Taxes Act 1988(1), or by a securities house, as defined by section 209A(4)(2) of that Act.

(3) For the purposes of this regulation anything done by a company is to be taken to be done in the course of a relevant business if it is done for the purposes of a relevant business falling within paragraph (2)(b) carried on by another company which is a member of the same group.

(4) Section 170 of the Taxation of Chargeable Gains Act 1992(3) has effect for determining for the purposes of paragraph (3) whether two companies are members of the same group, but as if in that section—

(a) for each of the references to a 75% subsidiary there were substituted a reference to a 51% subsidiary, and

(b) subsection (3)(b) and subsections (6) to (8) were omitted.

(5) A person is not to be treated as a promoter for the purposes of this Part by reason of anything done in circumstances prescribed by the Tax Avoidance Schemes (Promoters and Prescribed Circumstances) Regulations 2004(4) as modified by these Regulations

(1)

1988 c.1. Section 840A was inserted by paragraph 1(1) of Schedule 37 to the Finance Act 1996 (c. 8) and amended by sections 281 and 284 of, and paragraph 36 of Schedule 35 to, the Finance Act 2004 and articles 2(1) and (2), 13 and 46 of S.I. 2001/3629.

(2)

Section 209A was inserted by section 102(2) and (3) of the Finance Act 2002 (c. 23).

(3)

1992 c.12.

(4)

S.I. 2004/1865 as amended by regulation 2 of S.I. 2004/2613.