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Commentary

V5.212B Promoters of tax avoidance schemes (POTAS)—key definitions

Part V5 Compliance, enforcement and appeals

The following key terms for the POTAS regime are discussed below.

Carrying on a business as a promoter

A person who carries on a business in the course of which the person is, or has been, a 'promoter' in respect of a 'relevant proposal' or 'relevant arrangements' (see below) is deemed for the purposes of the POTAS regime to be carrying on a business as a promoter1.

A person is also regarded as carrying on a business as a promoter where the person is a 'member of a promotion structure' (see below), regardless of whether that person carries on a business2. As a result, a person who does not regard themselves are being a promoter, may still fall into this definition and come within the scope of the POTAS regime.

Promoter

The definition of a promoter depends upon whether the person is promoting 'relevant proposals' or 'relevant arrangements' (see below).

A person is a promoter of a 'relevant proposal' if they3:

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