http://www.legislation.gov.uk/ukpga/2014/26/section/235Finance Act 2014An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with finance.texttext/xmlenStatute Law Database2026-09-11Expert Participation2026-06-25 PART 5Promoters of tax avoidance schemes<Emphasis>Introduction</Emphasis>Carrying on a business “as a promoter”2351A person carrying on a business in the course of which the person is, or has been, a promoter in relation to a relevant proposal or relevant arrangements carries on that business “as a promoter”.1AFor the purposes of this Part, a person is treated as carrying on a business as a promoter if the person is a member of a promotion structure (whether or not the person carries on a business).Schedule 33A describes the cases in which a person is a member of a promotion structure.2A person is a “promoter” in relation to a relevant proposal if the person—ais to any extent responsible for the design of the proposed arrangements,bmakes a firm approach to another person in relation to the relevant proposal with a view to making the proposal available for implementation by that person or any other person, orcmakes the relevant proposal available for implementation by other persons.3A person is a “promoter” in relation to relevant arrangements if the person—ais by virtue of subsection (2)(b) or (c), a promoter in relation to a relevant proposal which is implemented by the arrangements, orbis responsible to any extent for the design, organisation or management of the arrangements.4For the purposes of this Part a person makes a firm approach to another person in relation to a relevant proposal if—athe person communicates information about the relevant proposal to the other person at a time when the proposed arrangements have been substantially designed,bthe communication is made with a view to that other person or any other person entering into transactions forming part of the proposed arrangements, andcthe information communicated includes an explanation of the tax advantage that might be expected to be obtained from the proposed arrangements.5For the purposes of subsection (4) proposed arrangements have been substantially designed at any time if by that time the nature of the transactions to form them (or part of them) has been sufficiently developed for it to be reasonable to believe that a person who wished to obtain the tax advantage mentioned in subsection (4)(c) might enter into—atransactions of the nature developed, orbtransactions not substantially different from transactions of that nature.6A person is not a promoter in relation to a relevant proposal or relevant arrangements by reason of anything done in prescribed circumstances.7Regulations under subsection (6) may contain provision having retrospective effect.Pt. 5 applied (with modifications) by 1992 c. 4, s. 11A(1)(3) (as inserted (with effect in accordance with Sch. 1 para. 35 of the amending Act) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 para. 3)Pt. 5 applied (with modifications) by 1992 c. 7 (N.I.), s. 11A(1)(3) (as inserted (with effect in accordance with Sch. 1 para. 35 of the amending Act) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 para. 12)Pt. 5 modified (12.2.2015 for specified purposes, 12.4.2015 in so far as not already in force) by National Insurance Contributions Act 2015 (c. 5), Sch. 2 Pt. 2, Sch. 2 para. 33(2)Pt. 5 applied (with modifications) by Social Security Contributions and Benefits Act 1992 (c. 4), s. 16(1)(d) (as inserted (12.4.2015) by National Insurance Contributions Act 2015 (c. 5), Sch. 2 para. 32) S. 235(1A) inserted (with effect in accordance with s. 121(6) of the amending Act) by Finance Act 2021 (c. 26), Sch. 30 para. 9