# Finance Act 2004, Section 313A: Pre-disclosure enquiry

Extent: E+W+S+N.I.

(1) Where HMRC suspect that a person (P) is the promoter or introducer of a proposal, or the promoter of arrangements, which may be notifiable, they may by written notice require P to state—
(a) whether in P's opinion the proposal or arrangements are notifiable by P, and
(b) if not, the reasons for P's opinion.
(2) A notice must specify the proposal or arrangements to which it relates.
(3) For the purpose of subsection (1)(b)—
(a) it is not sufficient to refer to the fact that a lawyer or other professional has given an opinion,
(b) 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
(c) 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.
(4) P must comply with a requirement under or by virtue of subsection (1) within—
(a) the prescribed period, or
(b) such longer period as HMRC may direct.

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Source: https://www.legislation.gov.uk/ukpga/2004/12/section/313A (the official version)
Page: https://openlegislation.uk/finance-act-2004/section-313A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.