SCHEDULES

SCHEDULE 34Promoters of tax avoidance schemes: threshold conditions

PART 1Meeting the threshold conditions: general

Opinion notice of GAAR Advisory Panel

7

A person meets this condition if—

a

arrangements in relation to which the person is a promoter F3—

i

have been referred to the GAAR Advisory Panel under Schedule 43 to FA 2013 (referrals of single schemes),

ii

are in a pool in respect of which a referral has been made to that Panel under Schedule 43B to that Act (generic referrals), or

iii

have been referred to that Panel under paragraph 26 of Schedule 16 to F(No. 2)A 2017 (referrals in relation to penalties for enablers of defeated tax avoidance),

b

one or more opinion notices are given F1in respect of the referralF4under (as the case may be)—

i

paragraph 11(3)(b) of Schedule 43 to FA 2013,

ii

paragraph 6(4)(b) of Schedule 43B to that Act, or

iii

paragraph 34(3)(b) of Schedule 16 to F(No. 2)A 2017,

(opinion of sub-panel of GAAR Advisory Panel that arrangements are not reasonable), and

c

the notice, or the notices taken together, either—

i

state the joint opinion of all the members of the sub-panel arranged under F2... that Schedule, or

ii

state the opinion of two or more members of that sub-panel.