Finance Act 2021

Monitoring notices: transferees

21 (1) After section 244 insert—

“244A Monitoring notices: transferees

(1) This section applies if an authorised officer becomes aware at any time that a person to whom a monitoring notice has been given (“P”) has made a relevant transfer within the meaning of paragraph 5 of Schedule 33A (promotion structures) to another person (“D”).

(2) The authorised officer may give D a monitoring notice.

(3) Where a person is given a monitoring notice under this section, but considers that they were not a person to whom a relevant transfer was made (such that this section applies), they may make representations to that effect to the authorised officer.

(4) If (in light of those representations) the authorised officer considers that this section did not apply at the time the monitoring notice was given, the officer must withdraw the notice.

(5) Subsections (2) to (4) of section 244 (monitoring notice: content and issuing) apply in relation to a monitoring notice given under subsection (2) of this section as they apply to a monitoring notice given under subsection (1) of that section, but as if the reference in subsection (3)(a) of that section to “the person” were a reference to P.”

(2) In section 248 (publication by HMRC), in subsection (2)(c), for “mentioned in section 242(1)(a)” substitute “as a promoter which the monitored promoter is carrying on”.

(3) The amendments made by this paragraph have effect in relation to relevant transfers made on or after the day on which this Act is passed.