Link Report

(e) in section 811C(7) by substituting “made to the Appeal Commissioners” for “made under Part 40”,

(c) In this subsection "transaction" has the meaning assigned to it by section 811C.

(a) a tax advantage (within the meaning of section 811 section 811, or section 811C, as the case may be ) being obtained for—

“tax advantage” has the same meaning as it has in section 811C;

(iv) full details of why, in the opinion of the person, by whom, or on whose behalf, the protective notification is delivered, section 811C does not apply,

(i) a transaction has been undertaken or arranged which would, but for section 811C or a specific anti-avoidance provision, as the case may be, give rise to a tax advantage, and

(i) paragraphs (a), (b) and (c) of section 811C(6) shall not apply, and

(ii) where a Revenue officer, pursuant to section 811C(4), makes or amends an assessment to withdraw or deny a tax advantage arising out of or by reason of a tax avoidance transaction—

(i) commences carrying out enquiries as if section 811C(6)(a) applied, a taxpayer who is aggrieved by such enquiries, on the grounds that the person considers that the officer was precluded from making that enquiry by reason of paragraph (a)(i), may appeal to the Appeal Commissioners and subsections (5) to (8) of section 959Z , in accordance with section 949I, within the period of 30 days after the officer commences carrying out enquiries and section 959AJ shall, with any necessary modifications, apply to that appeal, or

(ii) makes or amends an assessment as if section 811C(6)(c) applied, a taxpayer who is aggrieved by the making of such an assessment, or, as the case may be, such amendment, on the grounds that the person considers that the officer was precluded from making the assessment or, as the case may be, the amendment, by reason of paragraph (a)(i), may appeal to the Appeal Commissioners and subsections (2) and (3) of section 959AF , in accordance with section 949I, within the period of 30 days after the date of the notice of assessment and subsections (2) and (3) of section 949AK shall, with any necessary modifications, apply to that appeal.

(ii) if a Revenue officer has not withdrawn or denied a tax advantage under section 811C or a specific anti-avoidance provision, as the case may be, the surcharge referred to in subsection (3) shall be 3 per cent,

(iii) if a Revenue officer has withdrawn or denied a tax advantage under section 811C or a specific anti-avoidance provision, as the case may be, and no appeal in relation to that withdrawal or denial has been made, the surcharge referred to in subsection (3) shall be 5 per cent,

(iv) if a person has made an appeal in relation to the withdrawal or denial of a tax advantage under section 811C or a specific anti-avoidance provision, as the case may be, and that appeal has not yet been heard by the Appeal Commissioners, the surcharge referred to in subsection (3) shall be 10 per cent,

(ii) if a Revenue officer has not withdrawn or denied a tax advantage under section 811C or a specific anti-avoidance provision, as the case may be, the surcharge referred to in subsection (3) shall be 6 per cent,

(iii) if a Revenue officer has withdrawn or denied a tax advantage under section 811C or a specific anti-avoidance provision, as the case may be, and no appeal in relation to that withdrawal or denial has been made, the surcharge referred to in subsection (3) shall be 10 per cent,

(iv) if a person has made an appeal in relation to the withdrawal or denial of a tax advantage under section 811C or a specific anti-avoidance provision, as the case may be, and that appeal has not yet been heard by the Appeal Commissioners, the surcharge referred to in subsection (3) shall be 20 per cent,

(1) Where a promoter provides the Revenue Commissioners with specified information relating to a disclosable transaction and the client list in respect of that disclosable transaction, the provision of that information shall, as respects any person included on the client list who implements the transaction, be wholly without prejudice as to whether any opinion that the disclosable transaction concerned was a tax avoidance transaction, if such an opinion were to be formed by the Revenue Commissioners, would be correct. whether or not the disclosable transaction concerned was a tax avoidance transaction within the meaning of section 811C.

(2) Where a person, other than a promoter, provides the Revenue Commissioners with specified information relating to a disclosable transaction the person shall be treated as making that information available wholly without prejudice as to whether any opinion that the disclosable transaction concerned was a tax avoidance transaction, if such an opinion were to be formed by the Revenue Commissioners, would be correct. whether or not the disclosable transaction concerned was a tax avoidance transaction within the meaning of section 811C.

(b) taking any action, at any time in connection with section 811 or 811A section 811, 811A, 811C or 811D.

(b) where this Chapter falls to be applied to a tax avoidance transaction, has the meaning given to it in section 811C(1),

“tax avoidance transaction” has the meaning given to it in section 811C(1);

(b) where this Chapter falls to be applied to a tax avoidance transaction, has the meaning given to it in section 811C(1),

(1) This Part shall apply after all provisions of the Tax Acts and the Capital Gains Tax Acts, other than section 811C.

(5) For the purpose of subsection (4), “tax advantage” has the same meaning as in section 811C.

(3) Nothing in this section affects the operation of section 804(3), 811, 811A or 811, 811A, 811C, 811D or 1048.

(4) Nothing in this section affects the operation of section 811 or 811A section 811, 811A, 811C or 811D.

(9) Nothing in this section affects the operation of section 811 or 811A section 811, 811A, 811C or 811D.