Paragraph 48

(1)

In determining at any time whether or what information may be published in relation to a person under paragraph 46, the following penalties incurred by the person are to be disregarded—

(a)

a penalty which has been reduced to nil or stayed;

(b)

a penalty by reference to which information has previously been published under paragraph 46;

F1(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

a penalty that relates to arrangements which are related to arrangements that have already been dealt with (within the meaning given by sub-paragraph (4)).

(2)

For the purposes of sub-paragraph F2(1)(d) arrangements are “related to” each other if they—

(a)

implement the same proposal for tax arrangements, and

(b)

are substantially the same as each other.

F3(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

For the purposes of sub-paragraph (1)(d) arrangements have “already been dealt with” if information about the person has already been published under paragraph 46 by reference to a penalty that relates to those arrangements.

Annotations

Textual amendments

F1: Sch. 16 para. 48(1)(c) omitted (with effect in accordance with s. 123(13) of the amending Act) by virtue of Finance Act 2021 (c. 26), s. 123(8)(a) (with s. 123(13))
F2: Word in Sch. 16 para. 48(2) substituted (with effect in accordance with s. 123(13) of the amending Act) by Finance Act 2021 (c. 26), s. 123(8)(b) (with s. 123(13))
F3: Sch. 16 para. 48(3) omitted (with effect in accordance with s. 123(13) of the amending Act) by virtue of Finance Act 2021 (c. 26), s. 123(8)(c) (with s. 123(13))