The above regulations were published for technical consultation. The regulations define the types of misconduct actions and penalties that will be relevant for assessing whether a promoter is subject to the Promoters of Tax Avoidance Schemes (POTAS) legislation.

This is the second set of regulations needed to support the POTAS legislation. They define the type of misconduct, actions and penalties that will lead to a promoter meeting the POTAS threshold conditions in relation to disciplinary action by a professional body or regulatory authority.

If a promoter of tax avoidance schemes meets these threshold conditions, and it is determined by an Authorised Officer of HMRC that this is significant, the Department would issue such a promoter with a conduct notice. Conduct notices last for up to 2 years and require promoters to change their behaviour in relation to the schemes that they promote. The regulations also add 2 additional bodies to the list of professional bodies set out in the primary legislation.

These draft regulations will have effect once approved by the House of Commons.