Section 159 | Prohibition of promotion of certain tax avoidance arrangements

(1)A person must not promote arrangements that—

(a)have been, or are likely to be, marketed as a means by which a person may seek a particular tax advantage if there is no realistic prospect that the arrangements will result in the tax advantage, or

(b)are of a kind specified in regulations under subsection (2).

(2)The Commissioners may by regulations specify arrangements that in the reasonable opinion of the Commissioners—

(a)have been, or are likely to be, marketed as a means by which a person may seek a particular tax advantage,

(b)are unlikely to result in the tax advantage, and

(c)are likely to cause harm to participants.

(3)The following factors would, for example, indicate that arrangements are likely to cause harm to participants—

(a)a large number of participants;

(b)participants that are not independently advised;

(c)participants with otherwise straightforward tax affairs;

(d)mass-marketing;

(e)standardised implementation documents;

(f)promoters that are unknown to, or not able to be contacted by, participants.

(4)Regulations under subsection (2) may specify arrangements by—

(a)describing—

(i)some or all of the steps to be taken by participants or other persons;

(ii)the tax advantage sought;

(iii)the marketing;

(iv)characteristics of participants;

(b)providing examples or illustrations;

(c)such other means as the Commissioners consider appropriate.

(5)It does not matter for the purposes of this section whether a person knows, or has reason to believe, that the arrangements fall within subsection (1).