# The Tax Avoidance Schemes (Promoters and Prescribed Circumstances) Regulations 2004, Regulation 2: Persons not to be treated as promoters - groups


(1) A person is not to be treated as a promoter where—
(a) the person carrying on the relevant business referred to in section 307(1) is a company (“company A”); and
(b) on the date specified in paragraph (2) the other person (or each of the other persons) to whom company A provides services in connection with a notifiable proposal or notifiable arrangements is a company which is a member of the same group as company A.
(2) The date specified by this paragraph is—
(a) in relation to a notifiable proposal, the relevant date within the meaning given by section 308(2);
(b) in relation to notifiable arrangements, the date mentioned in section 308(3).
(3) For the purposes of this regulation two companies are members of the same group if they would, by virtue of the provisions of section 170 of the Taxation of Chargeable Gains Act 1992, be members of the same group for the purposes of sections 171 to 181 of that Act if section 170 were modified as follows—
(a) for each of the references to a 75 per cent. subsidiary there were substituted a reference to a 51 per cent. subsidiary;
(b) subsection (3)(b) and subsections (6) to (8) were omitted.

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Source: https://www.legislation.gov.uk/uksi/2004/1865/regulation/2 (the official version)
Page: https://openlegislation.uk/tax-avoidance-schemes-promoters-and-prescribed-circumstances-regulations-2004/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.