July 29 2022

Government Publishes Penalties for UK Facilitators of Tax Avoidance Schemes Involving Non-Resident Promoters

Source: IBFD Tax Research Platform News

On 28 July 2022, the UK tax authority (Her Majesty's Revenue & Customs (HMRC)) published a factsheet providing guidance on the penalties UK-based intermediaries may face for facilitating avoidance schemes involving non-resident promoters. The relevant legislation is Schedule 13 to the Finance Act 2022.

This factsheet provides guidance on:

  • non-resident promoters;
  • when a penalty may be charged for facilitating an avoidance scheme involving a non-resident promoter;
  • the penalty that may be charged;
  • the rights under article 6 of the European Convention on Human Rights, when someone is charged with a penalty; and
  • the right to appeal if someone disagrees with the decision to charge a penalty.