The disclosure of tax avoidance scheme (DOTAS) rules require certain persons, usually promoters of schemes, but also users in certain circumstances, to provide HMRC with information about schemes falling within certain descriptions, known as 'hallmarks'. The person must tell HMRC how the scheme is intended to work, usually within five days of the date the scheme is made available to any person.1
For an overview of the DOTAS regime, see A7.202.
This article considers the action that HMRC can take where is suspects that arrangements or proposals are notifiable under DOTAS but have not been disclosed to HMRC. For the meaning of notifiable arrangements and notifiable proposals, see A7.205–A7.206.
Potential allocation of scheme reference number—overview
With effect from 10 June 2021 for tax and 1 June 2022 for national insurance contributions, HMRC has greater powers to deal with a situation where it suspects that arrangements and proposals are notifiable under DOTAS but have not been disclosed to HMRC2. Prior to this date, HMRC's only option in this situation would be to
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