| 释义 |
promoter of tax avoidance schemes
(POTAS) Sections 234–83 of the Finance Act 2014 enact a code for a promoter of what can be colloquially termed “tax avoidance schemes”. To be such a “promoter”, the person must be identified as making an approach to another person with a proposal to implement an arrangement that he has (at least in part) designed and which, if effective, would give that person a tax advantage. As is common in avoidance legislation, all the terms are elaborately and expansively defined. HM Revenue and Customs is empowered to issue a Conduct Notice to a POTAS, requiring him to give HMRC the identities of his clients and to give written warnings to these clients of the statutory requirements and the risks inherent in the adoption of a tax avoidance scheme. Contravention of these provisions is punishable by a fine of up to £1 million (Finance Act 2014 sch 35 para 2). These provisions can be viewed as part of an attack on tax avoidance using administrative provisions, which includes the General Anti-Abuse Rule and the use of Follower Notices and Accelerated Payment Notices. In addition to enhancing the policing powers of HMRC, statute is limiting the principle of taxpayer confidentiality. |