Section 313A Pre-disclosure enquiryF1
United Kingdom
Where HMRC suspect that a person (P) is the promoter F2or introducer of a proposal, or the promoter of arrangements, which may be notifiable, they may by written notice require P to state—
whether in P's opinion the proposal or arrangements are notifiable by P, and
if not, the reasons for P's opinion.
A notice must specify the proposal or arrangements to which it relates.
For the purpose of subsection (1)(b)—
it is not sufficient to refer to the fact that a lawyer or other professional has given an opinion,
the reasons must show, by reference to this Part and regulations under it, why P thinks the proposal or arrangements are not notifiable by P, and
in particular, if P asserts that the arrangements do not fall within any description prescribed under section 306(1)(a), the reasons must provide sufficient information to enable HMRC to confirm the assertion.
P must comply with a requirement under or by virtue of subsection (1) within—
the prescribed period, or
such longer period as HMRC may direct.
Annotations
Textual amendments
- F1
Ss. 313A, 313B inserted (19.7.2007) by Finance Act 2007 (c. 11), s. 108(5) (with s. 108(10))
- F2
Words in s. 313A(1) substituted (1.1.2011) by Finance Act 2010 (c. 13), Sch. 17 para. 4; S.I. 2010/3019, art. 2
Notes on Part 7
Modifications
- C1
Pt. 7 excluded (17.7.2014) by Finance Act 2014 (c. 26), Sch. 35 para. 13(b)