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Finance Act 2004, Section 308A is up to date with all changes known to be in force on or before 08 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies where—
(a)a promoter (P) has provided information in purported compliance with section 308(1) or (3), but
(b)HMRC believe that P has not provided all the prescribed information.
(2)HMRC may apply to the [F2tribunal] for an order requiring P to provide specified information about, or documents relating to, the notifiable proposal or arrangements.
(3)The [F2tribunal] may make an order under subsection (2) in respect of information or documents only if satisfied that HMRC have reasonable grounds for suspecting that the information or documents—
(a)form part of the prescribed information, or
(b)will support or explain the prescribed information.
(4)A requirement by virtue of subsection (2) shall be treated as part of P's duty under section 308(1) or (3).
(5)In so far as P's duty under section 308(1) or (3) arises out of a requirement by virtue of subsection (2) above, the prescribed period shall begin after a date prescribed for the purpose.
(6)In so far as P's duty under section 308(1) or (3) arises out of a requirement by virtue of subsection (2) above, the prescribed period—
(a)may be of a different length than the prescribed period for the purpose of other applications of section 308(1) or (3), and
(b)may be extended by HMRC by direction.]
Textual Amendments
F1S. 308A inserted (19.7.2007) by Finance Act 2007 (c. 11), s. 108(4) (with s. 108(10))
F2Word in s. 308A(2)(3) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 430
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