SCHEDULES

SCHEDULE 16Penalties for enablers of defeated tax avoidance

PART 5Amount of penalty

Amount of penalty

15

1

For each person who enabled the arrangements mentioned in paragraph 1, the penalty payable under paragraph 1 is the total amount or value of all the relevant consideration received or receivable by that person (“the person in question”).

2

Particular consideration is “relevant” for the purposes of this paragraph if—

a

it is consideration for anything done by the person in question which enabled the arrangements mentioned in paragraph 1, and

b

it has not previously been taken into account in calculating the amount of a penalty payable under paragraph 1.

3

For the purposes of this paragraph a thing done by a person “enabled” the arrangements mentioned in paragraph 1 if, by doing that thing (alone or with anything else), the person fell within the definition in Part 4 of this Schedule of a person who enabled those arrangements.