HMRC’s misunderstanding of accelerated payment notices

HMRC is issuing APNs on the basis that a transaction is substantially the same as a previous transaction that was notifiable under DOTAS; and hence it is a DOTAS arrangement for APN purposes. This misinterprets the 2004 DOTAS rules under which the later transaction must itself meet the DOTAS standard. And it means that changes in the hallmarks are being ignored.