C2C1C3C4PART 5Promoters of tax avoidance schemes

Annotations:
Modifications etc. (not altering text)
C2

Pt. 5 applied (with modifications) by 1992 c. 7 (N.I.), s. 11A(1)(3) (as inserted (with effect in accordance with Sch. 1 para. 35 of the amending Act) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 para. 12)

C1

Pt. 5 applied (with modifications) by 1992 c. 4, s. 11A(1)(3) (as inserted (with effect in accordance with Sch. 1 para. 35 of the amending Act) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 para. 3)

C3

Pt. 5 modified (12.2.2015 for specified purposes, 12.4.2015 in so far as not already in force) by National Insurance Contributions Act 2015 (c. 5), Sch. 2 Pt. 2, Sch. 2 para. 33(2)

F1Stop notices

Annotations:
Amendments (Textual)
F1

Ss. 236A-236K and cross-heading inserted (with effect in accordance with s. 121(6) of the amending Act) by Finance Act 2021 (c. 26), Sch. 30 para. 1

236BEffect of stop notices

1

A person subject to a stop notice must not promote—

a

any arrangements that meet the description specified in the notice or that have a similar form or effect to arrangements of that description, or

b

any proposal for such arrangements.

2

A person is subject to a stop notice for the purposes of this Part if—

a

the person is the recipient of the notice;

b

the person is a body corporate or partnership that the recipient of the notice controls or has significant influence over;

c

the person controls or has significant influence over a body corporate or partnership that is the recipient of the notice;

d

the recipient of the notice makes a relevant transfer to the person.

3

If the recipient of a stop notice controls or has significant influence over a person that is a body corporate or partnership, the recipient must—

a

within 5 days of the giving of the notice, give a copy of the notice to that person, and

b

within 15 days of the giving of the notice, provide HMRC with the information mentioned in subsection (6) in relation to that person.

4

If the recipient of a stop notice is a body corporate or partnership, it must—

a

within 5 days of the giving of the notice, give a copy of the notice to each person who controls or has significant influence over it, and

b

within 15 days of the giving of the notice, provide HMRC with the information mentioned in subsection (6) in relation to each such person.

5

If the recipient of a stop notice makes a relevant transfer to a person, the recipient must—

a

before making the transfer, give a copy of the notice to that person, and

b

within 15 days of making the transfer, provide HMRC with the information mentioned in subsection (6) in relation to that person.

6

The information referred to in subsections (3)(b), (4)(b) and (5)(b) in relation to a person is—

a

the person's name;

b

any name under which the person carries on a business and any previous name or pseudonym known by the recipient of the stop notice;

c

the person's business address or registered office.

7

An authorised officer may give a copy of a stop notice to any person the officer considers the recipient of the notice is obliged to give a copy to as a result of subsection (3)(a), (4)(a) or F2(5)(a) (but this does not affect the obligation of the recipient to do so).

8

Sub-paragraphs (5) to (11) of paragraph 13A of Schedule 34 (meaning of “control” and “significant influence”) apply to this section as they apply to Part 2 of that Schedule.

9

In this section “relevant transfer” has the meaning it has in paragraph 5 of Schedule 33A (promotion structures).