PART 5U.K.Promoters of tax avoidance schemes

Modifications etc. (not altering text)

C2Pt. 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)

C3Pt. 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)

[F1Stop noticesU.K.

Textual Amendments

F1Ss. 236A-236K and cross-heading inserted (with effect in accordance with s. 121(6) of the amending Act) by Finance Act 2021 (c. 26), Sch. 30 para. 1

236FSuspension of stop notice pending appealU.K.

(1)A person who makes an appeal under section 236E may make a suspension request.

(2)A “suspension request” is a request that a stop notice which is the subject of an appeal under that section is to cease to have effect in relation to the person making the request until the appeal has been determined, withdrawn or otherwise disposed of.

(3)A suspension request must—

(a)be made in writing to the authorised officer to whom the notice of appeal was given,

(b)contain an explanation of the basis for the request, and

(c)be accompanied by such evidence to support that explanation as is reasonable to provide in the circumstances.

(4)The authorised officer to whom the suspension request is made must decide whether or not the notice is to cease to have effect in relation to the person who made the request until the appeal has been determined, withdrawn or otherwise disposed of.

(5)When deciding whether or not to grant a suspension request, the officer must have regard to the need to protect—

(a)the public revenue, and

(b)persons to whom arrangements or proposals for arrangements of the description specified in the stop notice might be marketed.

(6)The authorised officer must give the person who made the suspension request a notice setting out the officer's decision (“a suspension decision notice”) before the end of the period of 30 days beginning with the day on which the request was received.

(7)If at the end of that period the authorised officer has not given a suspension decision notice, the stop notice ceases to have effect in relation to the person who made the request until either—

(a)the officer gives a decision notice that provides that the suspension request is not to be granted, or

(b)the appeal has been determined, withdrawn or otherwise disposed of.]