9 Fees

(1) This Regulation applies to a transaction which gives rise to the tax advantage expected to be obtained and where it might reasonably be expected that a promoter, or a person connected (within the meaning of section 10 of the Principal Act) with a promoter, of transactions that are the same as, or substantially the same as, the transaction concerned, would, but for the requirements of Chapter 3 of Part 33 of the Principal Act, be able to obtain a premium fee from or charge a premium fee to a person implementing such transaction, being a person experienced in receiving services of the type being provided.

(2) For the purposes of this Regulation—

“premium fee”, in relation to a transaction, means a fee chargeable by virtue of the transaction from which the tax advantage expected to be obtained arises and which is—

(a) to a significant extent attributable to that tax advantage, or

(b) to any extent contingent upon the obtaining of that tax advantage;

“fee”, in relation to a transaction, includes any consideration, in whatever form, which is attributable to the provision of the transaction, whether the consideration is provided directly or indirectly.