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Legislation
Finance Act 2022

Crossheading Avoidance

  • Section 85 Winding-up petitions by an officer of Revenue and Customs
  • Section 86 Publication by HMRC of information about tax avoidance schemes
  • Section 87 Freezing orders: England and Wales
  • Section 88 Warrants for diligence on the dependence: Scotland
  • Section 89 Freezing injunctions: Northern Ireland
  • Section 90 Sections 87, 88 and 89: interpretation etc
  • Section 91 Penalties for facilitating avoidance schemes involving non-resident promoters
  • Section 92 Electronic sales suppression penalties
  • Section 93 Tobacco products: tracing and security
  1. Avoidance
  2. Sections 87, 88 and 89: interpretation etc

Section 90 | Sections 87, 88 and 89: interpretation etc

From legislation.gov.uk

(1)This section applies for the purposes of sections 87, 88 and 89.

(2)“HMRC” means “Her Majesty’s Revenue and Customs”.

(3)A relevant penalty is a penalty that is to be determined by the First-tier Tribunal under—

(a)RepealedF1

(b)Schedule 35 to FA 2014 (promoters of tax avoidance schemes: penalties);

(c)Schedule 36 to FA 2008 (information and inspection powers) as it has effect in relation to Schedule 16 to F(No.2)A 2017 (penalties for enablers of defeated tax avoidance) (see Part 9 of Schedule 16 to F(No.2)A 2017);

(d)RepealedF2

(4)The “initial period” is the period of 72 hours beginning with the time at which the application mentioned in section 87, 88 or 89, as the case may be, is determined.

(5)In calculating the period of 72 hours in subsection (4), disregard the whole of any day that is—

(a)a Saturday,

(b)a Sunday,

(c)Christmas Day,

(d)Good Friday, or

(e)a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the application mentioned in section 87, 88 or 89, as the case may be, is made.

Notes

  1. F1

    S. 90(3)(a) omitted (18.3.2026) by virtue of Finance Act 2026 (c. 11), s. 218(4)(a)(i) (with s. 219)

  2. F2

    S. 90(3)(d) omitted (18.3.2026) by virtue of Finance Act 2026 (c. 11), s. 218(4)(a)(ii) (with s. 219)

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