It is perhaps ironic but comes as no surprise that the DOTAS legislation which of course is intended to supply HMRC with early warning of the existence of tax avoidance schemes should itself be the subject of avoidance and require its own anti-avoidance measures which have to be updated on a fairly regular basis.
This arises largely because the DOTAS legislation is highly prescriptive and is therefore not really susceptible to a strong purposive approach. This means that promoters of tax schemes have plenty of scope to exploit the rather precise prescriptive trigger points and adopt strategies that make it difficult for HMRC to operate the DOTAS rules in the way intended. The purpose of the FA 2010 measures is to try to cure some of these problems.
Bringing forward the time of disclosure
The first measure is intended...
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It is perhaps ironic but comes as no surprise that the DOTAS legislation which of course is intended to supply HMRC with early warning of the existence of tax avoidance schemes should itself be the subject of avoidance and require its own anti-avoidance measures which have to be updated on a fairly regular basis.
This arises largely because the DOTAS legislation is highly prescriptive and is therefore not really susceptible to a strong purposive approach. This means that promoters of tax schemes have plenty of scope to exploit the rather precise prescriptive trigger points and adopt strategies that make it difficult for HMRC to operate the DOTAS rules in the way intended. The purpose of the FA 2010 measures is to try to cure some of these problems.
Bringing forward the time of disclosure
The first measure is intended...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
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