SCHEDULES

SCHEDULE 16Penalties for enablers of defeated tax avoidance

PART 12General

Consequential amendments

58

In section 103ZA of TMA 1970 (disapplication of sections 100 to 103 of that Act in the case of certain penalties)—

a

omit “or” at the end of paragraph (i), and

b

after paragraph (j) insert

or

k

paragraph 1 or 45 of Schedule 16 to the Finance (No. 2) Act 2017 (enablers of defeated tax avoidance etc).

59

In section 54 of ITTOIA 2005 (no deduction allowed for certain penalties etc) at the end of the table in subsection (2) insert—

Penalty under Schedule 16 to F(No. 2)A 2017

Various taxes

60

In section 1303 of CTA 2009 (no deduction allowed for certain penalties etc) at the end of the table in subsection (2) insert—

Penalty under Schedule 16 to F(No. 2)A 2017

Various taxes

61

In Schedule 34 to FA 2014 (promoters of tax avoidance schemes: threshold conditions), in paragraph 7—

a

in paragraph (a), for the words after “promoter” substitute

—

i

have been referred to the GAAR Advisory Panel under Schedule 43 to FA 2013 (referrals of single schemes),

ii

are in a pool in respect of which a referral has been made to that Panel under Schedule 43B to that Act (generic referrals), or

iii

have been referred to that Panel under paragraph 26 of Schedule 16 to F(No. 2)A 2017 (referrals in relation to penalties for enablers of defeated tax avoidance),

b

in paragraph (b), for the words after “referral” substitute

under (as the case may be)—

i

paragraph 11(3)(b) of Schedule 43 to FA 2013,

ii

paragraph 6(4)(b) of Schedule 43B to that Act, or

iii

paragraph 34(3)(b) of Schedule 16 to F(No. 2)A 2017,

(opinion of sub-panel of GAAR Advisory Panel that arrangements are not reasonable), and