SCHEDULES

SCHEDULE 36Promoters of tax avoidance schemes: partnerships

PART 1Partnerships as persons

Threshold conditions: actions of partners in a personal capacity

4(1)Sub-paragraph (2) applies where—

(a)a relevant threshold condition is met by a person (“P”) at a time (“the earlier time”) when P is a controlling member, or managing partner, of a partnership,

(b)a determination under section 237 is made at a later time in relation to the partnership, and

(c)P is a controlling member, or managing partner, of the partnership at the time of the determination.

(2)The partnership is regarded as having met the threshold condition at the earlier time (regardless of whether or not the partnership was bound by the act or omission as a result of which P met the threshold condition).

(3)“Relevant threshold condition” means a threshold condition specified in any of the following paragraphs of Schedule 34—

(a)paragraph 2 (deliberate tax defaulters);

(b)paragraph 4 (dishonest tax agents);

(c)paragraph 6 (criminal offences);

(d)paragraph 7 (opinion notice of GAAR advisory panel);

(e)paragraph 8 (disciplinary action by a professional body);

(f)paragraph 9 (disciplinary action by a regulatory authority);

(g)paragraph 10 (failure to comply with information notice).