PART 5 Promoters of tax avoidance schemes

Supplemental

281 Partnerships

Schedule 36 contains provision about the application of this Part to partnerships.

282 Regulations under this Part

(1) Regulations under this Part are to be made by statutory instrument.

(2) Apart from an instrument to which subsection (3) applies, a statutory instrument containing regulations made under this Part is subject to annulment in pursuance of a resolution of the House of Commons.

(3) A statutory instrument containing (whether alone or with other provision) regulations made under—

(a) section 238(7),

(b) paragraph 14 of Schedule 34,

(c) paragraph 5(1) of Schedule 35, or

(d) paragraph 21 of Schedule 36,

may not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.

(4) Regulations under this Part—

(a) may make different provision for different purposes;

(b) may include transitional provision and savings.

283 Interpretation of this Part

(1) In this Part—

• “arrangements” has the meaning given by section 234(4);

• “the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;

• “calendar quarter” means a period of 3 months beginning with 1 January, 1 April, 1 July or 1 October;

• “conduct notice” means a notice of the description in section 238 that is given under—

  (a)

  section 237(7),

  (b)

  section 245(7), or

  (c)

  paragraph 8(2) or (3) or 10(3)(a) or (4)(a) of Schedule 36;

• “HMRC” means Her Majesty’s Revenue and Customs;

• “firm approach” has the meaning given by section 235(4);

• “monitored promoter” has the meaning given by section 244(5);

• “monitored proposal” and “monitored arrangements” have the meaning given by section 254;

• “monitoring notice” means a notice given under section 244(1) or paragraph 9(2) or (3) or 10(3)(b) or (4)(b) of Schedule 36;

• “the original monitoring notice” has the meaning given by paragraph 11(2) of Schedule 36;

• “prescribed” means prescribed, or of a description prescribed, in regulations made by the Commissioners;

• “promoter reference number” has the meaning given by section 250(5);

• “relevant arrangements” has the meaning given by section 234(2);

• “relevant proposal” has the meaning given by section 234(1);

• “replacement conduct notice” has the meaning given by paragraph 11(1) of Schedule 36;

• “replacement monitoring notice” has the meaning given by paragraph 11(1) of Schedule 36;

• “tax” means—

  (a)

  income tax,

  (b)

  capital gains tax,

  (c)

  corporation tax,

  (d)

  petroleum revenue tax,

  (e)

  inheritance tax,

  (f)

  stamp duty land tax,

  (g)

  stamp duty reserve tax, or

  (h)

  annual tax on enveloped dwellings;

• “tax advantage” has the meaning given by section 234(3);

• “Taxes Acts” has the same meaning as in TMA 1970 (see section 118(1) of that Act);

• “the tribunal” means the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal.

(2) A reference in a provision of this Part to an authorised officer is to an officer of Revenue and Customs who is, or is a member of a class of officers who are, authorised by the Commissioners for the purposes of that provision.

(3) A reference in a provision of this Part to meeting a threshold condition is to meeting one of the conditions described in paragraphs 2 to 12 of Schedule 34.