The Tax Avoidance Schemes (Promoters and Prescribed Circumstances) Regulations 2004

Persons not to be treated as promoters under section 307(1)(a)(i) or (b)(i)

4.—(1) A person is not to be treated as a promoter under section 307(1)(a)(i) or (b)(i) where paragraph (2), (3) or (4) applies.

(2) This paragraph applies where, in the course of providing tax advice, a person is not responsible for the design of any element of the proposed arrangements or arrangements (including the way in which they are structured) from which the tax advantage expected to be obtained arises.

(3) This paragraph applies where—

(a) a person, in the course of a business that is a relevant business for the purposes of section 307 by virtue of subsection (2)(a) of that section, is to any extent responsible for the design of the proposed arrangements or arrangements; but

(b) does not provide tax advice in the course of carrying out his responsibilities in relation to the proposed arrangements or arrangements.

(4) This paragraph applies where a person—

(a) is not responsible for the design of all the elements of the proposed arrangements or arrangements (including the way in which they are structured) from which the tax advantage expected to be obtained arises; and

(b) could not reasonably be expected to have—

(i) sufficient information as would enable him to know whether or not the proposal is a notifiable proposal or the arrangements are notifiable arrangements; or

(ii) sufficient information as would enable him to comply with section 308(1) or (3).