160 Promoters of tax avoidance schemes
Finance Act 2016 (2016 c 24) | Legislation

160  Promoters of tax avoidance schemes

(1)     Part 5 of FA 2014 (promoters of tax avoidance schemes) is amended as follows.

(2)     After section 237 insert—

“237A Duty to give conduct notice: defeat of promoted arrangements

(1)     If an authorised officer becomes aware at any time (“the relevant time”) that a person (“P”) who is carrying on a business as a promoter meets any of the conditions in subsections (11) to (13), the officer must determine whether or not P's meeting of that condition should be regarded as significant in view of the purposes of this Part.

But see also subsection (14).

(2)     An authorised officer must make the determination set out in subsection (3) if the officer becomes aware at any time (“the section 237A(2) relevant time”) that—

(a)     a person meets a condition in subsection (11), (12) or (13), and

(b)     at the section 237A(2) relevant time another person (“P”), who is carrying on a business as a promoter, meets that condition by virtue of Part 4 of Schedule 34A (meeting the section 237A conditions: bodies corporate and partnerships).

(3)     The authorised officer must determine whether or not—

(a)     the meeting of the condition by the person as

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