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Section 218 Consequential amendments

United Kingdom

(1)

In paragraph 5 of Schedule 34 to FA 2014 (promoters of tax avoidance schemes: threshold conditions)—

(a)

in sub-paragraph (3)(a), for “the tribunal” substitute “an authorised officer”;

(b)

in sub-paragraph (4)(a)—

(i)

at the beginning insert “on appeal,”;

(ii)

for “section 118(2) of TMA 1970” substitute “section 315D(1) of FA 2004”;

(c)

for sub-paragraph (6) substitute—

“(6)

For the purposes of this paragraph—

  • “appeal period” means—

    1. (a)

      the period during which an appeal could be brought against the determination of an authorised officer or the tribunal, as applicable, or

    2. (b)

      where an appeal mentioned in paragraph (a) has been brought, the period during which that appeal has not been finally determined, withdrawn or otherwise disposed of;

  • “authorised officer” means an officer of Revenue and Customs who is, or is a member of a class of officers who are, authorised by HMRC for the purposes of the provision concerned.”.

(2)

In paragraph 5 of Schedule 13 to FA 2020 (joint and several liability of company directors), for sub-paragraph (6)(a) substitute—

“(a)

sections 315 and 315A of FA 2004 (penalties for non-disclosure of tax avoidance schemes);”.

(3)

In section 132A(2) of the Social Security Administration Act 1992 (disclosure of contributions avoidance arrangements)—

(a)

in paragraph (a), at the end insert “or to a penalty under that Part”;

(b)

in paragraph (b)—

(i)

for “section 98C of the Taxes Management Act 1970 (penalties for failure to comply with Part 7 of the Finance Act 2004) and any other” substitute “any”;

(ii)

for “that section” substitute “Part 7 of the Finance Act 2004”.

(4)

In FA 2022—

(a)

in section 90(3) (freezing orders: interpretation etc)—

(i)

omit paragraph (a);

(ii)

omit paragraph (d);

(b)

in Schedule 13 (penalties for facilitating avoidance schemes involving non-resident promoters), in paragraph 1(4), for paragraph (a) substitute—

“(a)

section 315 or 315A of FA 2004 (disclosure of tax avoidance schemes);”.