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Finance Act 2021

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This is the original version (as it was originally enacted).

4After section 272 insert—

272AApplication of Schedule 36 FA 2008 powers

(1)Schedule 36 to FA 2008 (information and inspection powers) applies for a relevant purpose in relation to a relevant person as it applies for the purpose of checking the tax position of a person as if—

(a)any provisions which can have no application for that purpose were omitted (for example, paragraphs 10A, 11, 12A and 12B);

(b)references to “the taxpayer” were to “the relevant person”;

(c)references to prejudice to the assessment or collection of tax included prejudice to the fulfilment of a relevant purpose;

(d)references to “business documents” included any documents (or copies of documents) in connection with any relevant arrangements or relevant proposal;

(e)references to a pending appeal relating to tax were to a pending appeal by the relevant person under this Part;

(f)in paragraph 13, after “paragraph 39” there were inserted “of this Schedule and paragraph 2(3A) of Schedule 35 to FA 2014”;

(g)paragraphs 21 to 21B were omitted;

(h)paragraph 25 were omitted;

(i)in paragraph 29(1) for “a taxpayer”, in the first place it occurs, there were substituted “a relevant person”;

(j)Part 7 (penalties) were omitted (but see Schedule 35 of this Act).

(2)A person is “relevant” if—

(a)the officer suspects that the person carries on, or has in the past carried on, a business as a promoter in relation to a relevant proposal or relevant arrangements and—

(i)the officer suspects that the person has met a threshold condition,

(ii)the officer suspects the person could be given a defeat notice, or

(iii)the officer suspects the person promotes, or has promoted, arrangements, or proposals for such arrangements, of a description that the officer suspects could be specified in a stop notice,

(b)the officer suspects that—

(i)the person made a relevant transfer, or

(ii)the person is a person to whom a relevant transfer was made, or

(c)the person is, or was, subject to a stop notice, conduct notice or monitoring notice.

(3)The following are “relevant purposes” in relation to a relevant person—

(a)determining whether the relevant person carries on or has in the past carried on a business as a promoter in relation to a relevant proposal or relevant arrangements;

(b)determining whether the relevant person has met a threshold condition;

(c)determining whether the relevant person could be given a defeat notice;

(d)determining whether the person has provided false or misleading information or documents in relation to a stop notice, conduct notice or monitoring notice;

(e)determining whether arrangements, or proposals for such arrangements, that an officer suspects are promoted by the relevant person are of a description that could be specified in a stop notice;

(f)enabling HMRC to understand the operation of arrangements, or proposals for such arrangements, that an officer suspects are promoted by the relevant person;

(g)identifying any other person who has a connection with the relevant person that results (whether solely because of that connection or otherwise) in the relevant person being a member of a promotion structure;

(h)determining whether the relevant person made a relevant transfer, and if so to whom;

(i)determining whether a relevant transfer was made to the relevant person, and if so by whom;

(j)monitoring compliance with any stop notice, conduct notice or monitoring notice the relevant person is subject to.

(4)In this section—

(a)reference to compliance with a stop notice, conduct notice or monitoring notice includes compliance with any provisions of this Part that a person subject to such a notice must comply with;

(b)reference to a person “promoting” is to be construed in accordance with section 236A(7);

(c)relevant transfer” has the meaning it has in paragraph 5 of Schedule 33A (promotion structures).

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