Proposed changes to the DOTAS hallmarks for IHT have raised concerns that such ordinary planning will constitute avoidance and will have to be disclosed to HMRC. In response to such concerns, HMRC published revised draft conditions, whereby a disclosure will be required if: the main purpose, or one of the main purposes, of the arrangements is to enable a person to obtain a tax advantage; and the arrangements are contrived or abnormal or involve one or more contrived or abnormal steps without which a tax advantage could not be obtained. Whilst it is clear that non-abusive arrangements are not intended to be caught, there is still some uncertainty over the extent to which everyday planning will be disclosable.
Proposed changes to the DOTAS hallmarks for IHT have raised concerns that such ordinary planning will constitute avoidance and will have to be disclosed to HMRC. In response to such concerns, HMRC published revised draft conditions, whereby a disclosure will be required if: the main purpose, or one of the main purposes, of the arrangements is to enable a person to obtain a tax advantage; and the arrangements are contrived or abnormal or involve one or more contrived or abnormal steps without which a tax advantage could not be obtained. Whilst it is clear that non-abusive arrangements are not intended to be caught, there is still some uncertainty over the extent to which everyday planning will be disclosable.