HMRC has the power to stop persons promoting certain arrangements that may give rise to a tax advantage. HMRC can also require such persons to maintain certain conduct and monitor them if they fail to do so. This is known as the promoters of tax avoidance scheme (POTAS) regime. For an overview of the regime, see A7.301. For the key definitions, see A7.301A.
This article considers when HMRC can issue a monitoring notice. For a discussion of the effect of a monitoring notice, see A7.308.
A monitoring notice can also be given to a partnership. See A7.313.
Monitoring notices
HMRC can apply to the tribunal (see below) for approval to give a person a monitoring notice where they are or were subject to a conduct notice (see A7.303, A7.304) and the officer has determined either that they failed to comply with one or more conditions of the notice or they provided false/misleading information or documents in relation to the notice1.
Where the person carrying on a business as a promoter (see A7.301A) is currently
To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to Tolley+™ Research or register for a free trial
Web page updated on 17 Mar 2025 16:09