# The Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2006, Regulation 7: Description 2: Confidentiality where no promoter involved

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

(1) Arrangements are prescribed if—
(a) no person is a promoter in relation to them;
(b) the intended user of the arrangements is a business which is not a small or medium-sized enterprise;
(c) any element of the arrangements (including the way in which the arrangements are structured) gives rise to the tax advantage expected to be obtained under the arrangements;
(d) it might reasonably be expected that a user would, but for the requirements of these Regulations, wish to keep the way in which that element secures the advantage confidential from HMRC at any time following the material date; and
(e) a reason for the user’s wishing to keep the element confidential from HMRC is—
(i) to facilitate repeated or continued use of the same element, or substantially the same element, in the future; or
(ii) to reduce the risk of HMRC using that information to open an enquiry into any return or account which a person is required by or under any enactment to deliver to HMRC; or
(iii) to reduce the risk of HMRC using that information to withhold payment of all or part of an amount claimed separately from a return under—
(aa) section 261B of the Taxation of Chargeable Gains Act 1992 (treating trade loss etc as CGT loss); or
(bb) Part 4 of the ITA 2007 (loss relief).
(2) Arrangements are also prescribed if—
(a) paragraphs (1)(a) to (c) are met; and
(b) if there had been a promoter in relation to the arrangements, it might reasonably have been expected that they would, but for the requirements of these Regulations, wish to have kept the way in which any element of the arrangements (including the way in which the arrangements were structured) that secured the tax advantage confidential from HMRC at any time following the material date, and a reason for doing so would be to facilitate repeated or continued use of the same element, or substantially the same element, in the future.

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Source: https://www.legislation.gov.uk/uksi/2006/1543/regulation/7 (the official version)
Page: https://openlegislation.uk/tax-avoidance-schemes-prescribed-descriptions-of-arrangements-regulations-2006/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.