275Failure to comply with Part 7 of the Finance Act 2004
In section 98C of TMA 1970 (notification under Part 7 of FA 2004), after subsection (2E) insert—
“(2EA)Where a person fails to comply with—
(a)section 309 of that Act and the promoter for the purposes of that section is a monitored promoter for the purposes of Part 5 of the Finance Act 2014, or
(b)section 310 of that Act and the arrangements for the purposes of that section are arrangements of such a monitored promoter,
then for the purposes of section 118(2) of this Act legal advice which the person took into account is to be disregarded in determining whether the person had a reasonable excuse, if the advice was given or procured by that monitored promoter.
(2EB)In determining for the purpose of section 118(2) of this Act whether or not a person who is a monitored promoter within the meaning of Part 5 of the Finance Act 2014 had a reasonable excuse for a failure to do anything required to be done under a provision mentioned in subsection (2), reliance on legal advice is to be taken automatically not to constitute a reasonable excuse if either—
(a)the advice was not based on a full and accurate description of the facts, or
(b)the conclusions in the advice that the person relied on were unreasonable.”