SCHEDULES

SCHEDULE 34Promoters of tax avoidance schemes: threshold conditions

PART 1Meeting the threshold conditions: general

Restrictive contractual terms

11

1

A person (“P”) meets this condition if P enters into an agreement with another person (“C”) which relates to a relevant proposal or relevant arrangements in relation to which P is a promoter, on terms which—

a

impose a contractual obligation on C which falls within sub-paragraph (2) or (3), or

b

impose on C both obligations within sub-paragraph (4) and obligations within sub-paragraph (5).

2

A contractual obligation falls within this sub-paragraph if it prevents or restricts the disclosure by C to HMRC of information relating to the proposals or arrangements, whether or not by referring to a wider class of persons.

3

A contractual obligation falls within this sub-paragraph if it requires C to impose on any tax adviser to whom C discloses information relating to the proposals or arrangements a contractual obligation which prevents or restricts the disclosure of that information to HMRC by the adviser.

4

A contractual obligation falls within this sub-paragraph if it requires C to—

a

meet (in whole or in part) the costs of, or contribute to a fund to be used to meet the costs of, any proceedings relating to arrangements in relation to which P is a promoter (whether or not implemented by C), or

b

take out an insurance policy which insures against the risk of having to meet the costs connected with proceedings relating to arrangements which C has implemented and in relation to which P is a promoter.

5

A contractual obligation falls within this paragraph if it requires C to obtain the consent of P before—

a

entering into any agreement with HMRC regarding arrangements which C has implemented and in relation to which P is a promoter, or

b

withdrawing or discontinuing any appeal against any decision regarding such arrangements.

6

In sub-paragraph (5)(b), the reference to withdrawing or discontinuing an appeal includes any action or inaction which results in an appeal being discontinued.

7

In this paragraph—

  • proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in court), whether commenced or contemplated;

  • tax adviser” means a person appointed to give advice about the tax affairs of another person (whether appointed directly by that person or by another tax adviser of that person).