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HMRC factsheets: stop notices

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HMRC has published new factsheets on penalties charged where individuals who are subject to a stop notice fail to comply with that notice.

A stop notice is a notice given by an authorised HMRC officer to any person who they suspect of promoting arrangements which meet certain conditions under the promoters of tax avoidance schemes regime (POTAS). The notice requires, alongside other obligations, the recipient and other persons subject to the notice to stop promoting arrangements of the kind described in the notice immediately.

Factsheet CC/FS61 Penalties for failure to comply with a stop notice explains:

  • the circumstances in which promoters may be charged a penalty for failing to comply with a stop notice;
  • what penalties the person can be charged for each of the failures, which can be up to £250,000; and
  • the person’s rights on receiving the penalty.

Factsheet CC/FS63 The Human Rights Act and penalties for not complying with a stop notice explains what a person’s rights are under Article 6 of the European Convention on Human Rights (incorporated into UK law in the Human Rights Act 1998) in relation to the charging of penalties for non-compliance with a stop notice, including:

  • the right not to answer questions;
  • the right to appoint a professional adviser; and
  • the right to have the matter dealt with without unreasonable delay.

Factsheet CC/FS62 Information notices – promoters of tax avoidance schemes sets out the background to the information notices that can be issued under the POTAS rules, including the right to appeal and penalties in various circumstances.

Issue: 1557
Categories: News