48(1)In determining at any time whether or what information may be published in relation to a person under paragraph 46, the following penalties incurred by the person are to be disregarded—U.K.
(a)a penalty which has been reduced to nil or stayed;
(b)a penalty by reference to which information has previously been published under paragraph 46;
F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)a penalty that relates to arrangements which are related to arrangements that have already been dealt with (within the meaning given by sub-paragraph (4)).
(2)For the purposes of sub-paragraph [F2(1)(d)] arrangements are “related to” each other if they—
(a)implement the same proposal for tax arrangements, and
(b)are substantially the same as each other.
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)For the purposes of sub-paragraph (1)(d) arrangements have “already been dealt with” if information about the person has already been published under paragraph 46 by reference to a penalty that relates to those arrangements.
Textual Amendments
F1Sch. 16 para. 48(1)(c) omitted (with effect in accordance with s. 123(13) of the amending Act) by virtue of Finance Act 2021 (c. 26), s. 123(8)(a) (with s. 123(13))
F2Word in Sch. 16 para. 48(2) substituted (with effect in accordance with s. 123(13) of the amending Act) by Finance Act 2021 (c. 26), s. 123(8)(b) (with s. 123(13))
F3Sch. 16 para. 48(3) omitted (with effect in accordance with s. 123(13) of the amending Act) by virtue of Finance Act 2021 (c. 26), s. 123(8)(c) (with s. 123(13))