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).