For an APN to be valid HMRC have to satisfy conditions A, B & C.
They had their fingers burned by Montpellier because that scheme didn't satisfy all conditions and are now being sued. Seems like they don't want burned again. Expect and change in the law during the next budget, stating not all conditions need to be met anymore to issue an APN and we'll be back to square one.
Condition A: An enquiry or appeal is in progress; and
Condition B: The tax return, claim or appeal relates to a tax advantage resulting from a tax arrangement; and
Condition C: One or more of the following applies:
– A “Follower Notice” has been issued; or
– The arrangements are considered “DOTAS” arrangements; or
– A General Anti-Abuse Rule (“GAAR”) notice has been issued.
They had their fingers burned by Montpellier because that scheme didn't satisfy all conditions and are now being sued. Seems like they don't want burned again. Expect and change in the law during the next budget, stating not all conditions need to be met anymore to issue an APN and we'll be back to square one.
Condition A: An enquiry or appeal is in progress; and
Condition B: The tax return, claim or appeal relates to a tax advantage resulting from a tax arrangement; and
Condition C: One or more of the following applies:
– A “Follower Notice” has been issued; or
– The arrangements are considered “DOTAS” arrangements; or
– A General Anti-Abuse Rule (“GAAR”) notice has been issued.
Comment