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Statutory Instruments

2015 No. 945

Taxes

The Tax Avoidance Schemes (Promoters and Prescribed Circumstances) (Amendment) Regulations 2015

Made

26th March 2015

Laid before House of Commons

27th March 2015

Coming into force

17th April 2015

The Commissioners for Her Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by sections 307(5) and 318(1) of the Finance Act 2004( 1 ) and now exercisable by them( 2 ).

Citation and commencement

1. These Regulations may be cited as the Tax Avoidance Schemes (Promoters and Prescribed Circumstances) (Amendment) Regulations 2015 and come into force on 17th April 2015.

Amendment of the Tax Avoidance Schemes (Promoters and Prescribed Circumstances) Regulations 2004

2.The Tax Avoidance Schemes (Promoters and Prescribed Circumstances) Regulations 2004( 3 ) are amended as follows.

Persons not to be treated as promoters – employees

3. After paragraph (3) of regulation 3 (persons not to be treated as promoters – employees) insert—

(4) This regulation does not apply where, but for this paragraph, it would result in a duty under section 309 falling on any person.

Persons not to be treated as promoters under section 307(1)(b)(ii)

4. Omit regulation 5 (persons not to be treated as promoters under section 307(1)(b)(ii)).

Nick Lodge

Jim Harra

Two of the Commissioners for her Majesty’s Revenue and Customs

26th March 2015

( 1 )

2004 c. 12 . Section 318(1) is cited because of the meaning of “prescribed”.

( 2 )

The functions of the Commissioners of Inland Revenue (“the Board”) were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5(2) of the Commissioners for Revenue and Customs Act 2005 (c. 11) . Section 50(1) of that Act provides that a reference to the Commissioners of Inland Revenue, however expressed, shall be taken as a reference to the Commissioners for Her Majesty’s Revenue and Customs.

( 3 )

S.I. 2004/1865 . There are amending instruments but none is relevant.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Tax Avoidance Schemes (Promoters and Prescribed Circumstances) (Amendment) Regulations 2015 (2015/945)

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