{
  "url": "https://openlegislation.uk/tax-avoidance-schemes-prescribed-descriptions-of-arrangements-amendment-regulations-2010/note",
  "json_url": "https://openlegislation.uk/tax-avoidance-schemes-prescribed-descriptions-of-arrangements-amendment-regulations-2010/note.json",
  "legislation": "uksi/2010/2834",
  "legislation_title": "The Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) (Amendment) Regulations 2010",
  "legislation_url": "https://openlegislation.uk/tax-avoidance-schemes-prescribed-descriptions-of-arrangements-amendment-regulations-2010",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2006 (S.I. 2006/1543 amended by S.I. 2007/2484 and S.I. 2009/2033) (“the principal regulations”).\nRegulation 3 inserts a new definition of “material date” and amends the definition of “plant or machinery lease” to refer to the definition in the Capital Allowances Act 2001.\nRegulation 5 substitutes Description 1 in the principal regulations (confidentiality where a promoter is involved) to change the period to which confidentiality applies to any time following the event that triggers the disclosure and to include cases where a tax advantage is secured or might be secured.\nRegulation 6 amends Description 2 in the principal regulations (confidentiality where no promoter is involved) to change the period to which confidentiality applies to any time following the day on which any transaction forming part of the arrangements is entered into and to extend this rule to cover circumstances where a user may wish not to disclose in order to prevent HMRC obtaining information that might lead to an enquiry or inhibit repayment.\nRegulation 7 amends Description 3 in the principal regulations (premium fee) to prevent the argument being used that as the existence of the disclosure regime results in a premium fee not being obtainable the scheme is not notifable. It also amends the second leg of the definition of a premium fee so that it applies only if the fee is contingent upon the scheme working as a matter of law rather than upon other factors (e.g. it is an employment scheme where the fee is contingent upon the scheme being taken up by a certain number of employees).\nRegulation 8 removes Description 4 (off market terms) from the principal regulations.\nRegulation 11 removes regulation 14 (meaning of plant or machinery lease) from the principal regulations. This is replaced by the amended definition in regulation 2 and the amendments made by regulations 9 and10.\nRegulation 12 amends the definition of a lease and finance leaseback.\nRegulation 13 adds the definition of “inception” to regulation 17 of the principal regulations.\nA full Impact Assessment has been prepared covering the package of measures which includes these regulations. It is available at http://webarchive.nationalarchives.gov.uk/20091222074811 /http://hmrc.gov.uk/budget2010/strength-revise-dotas-ia-5295.pdf.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2010/2834/note",
    "retrieved_at": "2026-10-29T02:24:17.234484+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}