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More anti-avoidance regulations come into force

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The Tax Avoidance Schemes (Promoters and Prescribed Circumstances) (Amendment) Regulations, SI 2015/945, ensure that, with effect from 17 April 2015, employees of promoters resident outside the UK are not excluded as promoters in the event that their employer does not disclose under DOTAS, and that persons who are to any extent responsible for the organisation or management of notifiable arrangements are similarly not excluded.

The Tax Avoidance Schemes (Information) (Amendment) Regulations, SI 2015/948, set out the extended obligations on employers from 16 April 2015 to provide information in relation to notifiable avoidance schemes involving their employees both to those employees and to HMRC, and exempt employees from the duty to notify HMRC of the same information. The regulations also extend the information HMRC may require an ‘introducer’ to provide about persons with whom they have made a marketing contact.

The Offshore Asset Moves Penalty (Specified Territories) Regulations, SI 2015/866, specify with effect from 27 March 2015 those territories which will not give rise to the new aggravated penalties for a ‘relevant offshore asset move’ under legislation in FA 2015. The new penalties apply where a person moves funds to a less transparent, ‘non-specified territory’ with the intention of evading potential further liabilities.
 

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