Part 7Disclosure of tax avoidance schemes

306AF1Doubt as to notifiability

1

HMRC may apply to the Special Commissioners for an order that—

a

a proposal is to be treated as notifiable, or

b

arrangements are to be treated as notifiable.

2

An application must specify—

a

the proposal or arrangements in respect of which the order is sought, and

b

the promoter.

3

On an application the Special Commissioners may make the order only if satisfied that HMRC

a

have taken all reasonable steps to establish whether the proposal or arrangements are notifiable, and

b

have reasonable grounds for suspecting that the proposal or arrangements may be notifiable.

4

Reasonable steps under subsection (3)(a) may (but need not) include taking action under section 313A or 313B.

5

Grounds for suspicion under subsection (3)(b) may include—

a

the fact that the relevant arrangements fall within a description prescribed under section 306(1)(a);

b

an attempt by the promoter to avoid or delay providing information or documents about the proposal or arrangements under or by virtue of section 313A or 313B;

c

the promoter's failure to comply with a requirement under or by virtue of section 313A or 313B in relation to another proposal or other arrangements.

6

Where an order is made under this section in respect of a proposal or arrangements, the prescribed period for the purposes of section 308(1) or (3) in so far as it applies by virtue of the order—

a

shall begin after a date prescribed for the purpose, and

b

may be of a different length than the prescribed period for the purpose of other applications of section 308(1) or (3).

7

An order under this section in relation to a proposal or arrangements is without prejudice to the possible application of section 308, other than by virtue of this section, to the proposal or arrangements.