817N Supplemental matters

Summary

This section contains a number of supplemental provisions. It provides that a disclosure under the mandatory disclosure regime is made in a totally non-judgemental way and no inference can be drawn from the fact that a transaction is disclosed that it is, or may be, a tax avoidance transaction. It also makes clear that a disclosure does not constitute a Protective Notification under section 811D and that nothing in Chapter 3 may interfere with the Revenue Commissioners right to make any enquiry or take any action under section 811C (the general anti-avoidance section) or section 811D (the Protective Notification section).

Details

(1) Where a promoter discloses a scheme to Revenue and provides a list of clients to whom the scheme has been made available for implementation, the provision of the information on the scheme shall, as respects any person included on the list, be treated as being made without prejudice as to whether an opinion that the transaction concerned was a tax avoidance transaction, within the meaning of section 811C (the general antiavoidance provision). In other words a disclosure under Chapter 3 is made in a totally non-judgemental way and no inference can be drawn from the fact that a transaction is disclosed that it is or may be a tax avoidance transaction.

(2) Where a person who is a scheme user is required to disclose information on the scheme to Revenue, the provision of that information shall be treated as being made without prejudice as to whether an opinion that the transaction concerned was a tax avoidance transaction, within the meaning of section 811C (the general anti-avoidance provision). In other words a disclosure under Chapter 3 is made in a totally non-judgemental way and no inference can be drawn from the fact that a transaction is disclosed that it is or may be a tax avoidance transaction.

(3) Where a person (i.e. a user) provides Revenue with specified information on a disclosable transaction under the provisions of this Chapter, it shall not be regarded as being, or as being the equivalent of, a Protective Notification under section 811A or 811D. In other words, to obtain the protection that a Protective Notification provides as respects interest and a surcharge etc. a person must make a specific Protective Notification under the provisions of section 811A or section 811D.

(4) Provision is made to ensure that nothing in Chapter 3 may interfere with Revenue’s right to make any enquiry or take any action under section 811 or section 811C (the general anti-avoidance section), or section 811A or 811D (the Protective Notification section).

Relevant Date: Finance Act 2019