C1Part 7Disclosure of tax avoidance schemes
313AF1Pre-disclosure enquiry
1
Where HMRC suspect that a person (P) is the promoter F2or introducer of a proposal, or the promoter of arrangements, which may be notifiable, they may by written notice require P to state—
a
whether in P's opinion the proposal or arrangements are notifiable by P, and
b
if not, the reasons for P's opinion.
2
A notice must specify the proposal or arrangements to which it relates.
3
For the purpose of subsection (1)(b)—
a
it is not sufficient to refer to the fact that a lawyer or other professional has given an opinion,
b
the reasons must show, by reference to this Part and regulations under it, why P thinks the proposal or arrangements are not notifiable by P, and
c
in particular, if P asserts that the arrangements do not fall within any description prescribed under section 306(1)(a), the reasons must provide sufficient information to enable HMRC to confirm the assertion.
4
P must comply with a requirement under or by virtue of subsection (1) within—
a
the prescribed period, or
b
such longer period as HMRC may direct.
Pt. 7 excluded (17.7.2014) by Finance Act 2014 (c. 26), Sch. 35 para. 13(b)