Section 272A — Finance Act 2014: Application of Schedule 36 FA 2008 powers

Application of Schedule 36 FA 2008 powers 272A 1 Schedule 36 to FA 2008 (information and inspection powers) applies for a relevant purpose in relation to a relevant person as it applies for the purpose of checking the tax position of a person as if—

a any provisions which can have no application for that purpose were omitted (for example, paragraphs 10A, 11, 12A and 12B);

b references to “the taxpayer” were to “the relevant person”;

c references to prejudice to the assessment or collection of tax included prejudice to the fulfilment of a relevant purpose;

d references to “business documents” included any documents (or copies of documents) in connection with any relevant arrangements or relevant proposal;

e references to a pending appeal relating to tax were to a pending appeal by the relevant person under this Part;

f in paragraph 13, after “paragraph 39” there were inserted “ of this Schedule and paragraph 2(3A) of Schedule 35 to FA 2014 ” ;

g paragraphs 21 to 21B were omitted;

h paragraph 25 were omitted;

i in paragraph 29(1) for “a taxpayer”, in the first place it occurs, there were substituted “ a relevant person ” ;

j Part 7 (penalties) were omitted (but see Schedule 35 of this Act).

2 A person is “relevant” if—

a the officer suspects that the person carries on, or has in the past carried on, a business as a promoter in relation to a relevant proposal or relevant arrangements and—

i the officer suspects that the person has met a threshold condition, ii the officer suspects the person could be given a defeat notice, or iii the officer suspects the person promotes, or has promoted, arrangements, or proposals for such arrangements, of a description that the officer suspects could be specified in a stop notice, b the officer suspects that—

i the person made a relevant transfer, or ii the person is a person to whom a relevant transfer was made, or c the person is, or was, subject to a stop notice, conduct notice or monitoring notice.

3 The following are “ relevant purposes ” in relation to a relevant person—

a determining whether the relevant person carries on or has in the past carried on a business as a promoter in relation to a relevant proposal or relevant arrangements;

b determining whether the relevant person has met a threshold condition;

c determining whether the relevant person could be given a defeat notice;

d determining whether the person has provided false or misleading information or documents in relation to a stop notice, conduct notice or monitoring notice;

e determining whether arrangements, or proposals for such arrangements, that an officer suspects are promoted by the relevant person are of a description that could be specified in a stop notice;

f enabling HMRC to understand the operation of arrangements, or proposals for such arrangements, that an officer suspects are promoted by the relevant person;

g identifying any other person who has a connection with the relevant person that results (whether solely because of that connection or otherwise) in the relevant person being a member of a promotion structure;

h determining whether the relevant person made a relevant transfer, and if so to whom;

i determining whether a relevant transfer was made to the relevant person, and if so by whom;

j monitoring compliance with any stop notice, conduct notice or monitoring notice the relevant person is subject to.

4 In this section—

a reference to compliance with a stop notice, conduct notice or monitoring notice includes compliance with any provisions of this Part that a person subject to such a notice must comply with;

b reference to a person “ promoting ” is to be construed in accordance with section 236A(7);

c “ relevant transfer ” has the meaning it has in paragraph 5 of Schedule 33A (promotion structures).