Anti-Avoidance Group
Welcome to HMRC's Anti-Avoidance Group (AAG) pages.
Tax avoidance remains a substantial threat to the Exchequer and the AAG has been established to co-ordinate HMRC's anti-avoidance activity in a systematic manner.
News
Disclosure of Tax Avoidance Schemes (November)
As part of the package of improvements to the system for identifying users of disclosed avoidance schemes brought in by FA2008, HMRC has introduced Form AAG6. The form is for scheme promoters to pass the 8-digit scheme reference number (SRN) to clients. It is also to be used where clients are required by s312A FA 2004 to pass the SRN to other parties who might reasonably be expected to obtain a tax advantage from the scheme. Form AAG6 must be used to pass on SRNs from 1 November 2008.
Identifying Users of Disclosed Tax Avoidance Schemes (October 2008)
Updated guidance as been published to encompass changes made in Finance Act 2008 and subsequent regulations which improve the system of identifying users of disclosed tax avoidance schemes. These changes come into effect on 1 November 2008.
Identifying Users of Disclosed Tax Avoidance Schemes (August 2008)Finance Act 2008 received Royal Assent on 21 July 2008. Section 116 and Schedule 38 amends Part 7 of Finance Act 2004 to improve the system of identifying users of disclosed tax avoidance schemes.
This measure closes gaps that inhibited the transmission of the Scheme Reference Number (SRN) from the promoter back to HMRC by:
- clarifying the time when a promoter is required to pass an SRN onto his client
- introducing new obligations for co-promoters and intermediaries
The Proposal Stage Impact Assessment (PDF 93K) outlines what these changes mean.
An Appointed Day (Appointed Day) Order 2008, SI 2008/1935 was made on 22 July 2008 to bring these amendments into force on 1 November 2008.
The Tax Avoidance (Information) (Amendment) Regulations SI 2008/1947 implementing this measure were made and laid before the House of Commons on 22 July and will also come into effect on 1 November 2008. These regulations prescribe information and time limits and exempt employment schemes from duties under new section 312A.
The NICs regulations are also being updated to apply information powers introduced in Finance Act 2007 and the 2008 changes. These will be made and laid before both Houses in October and come into force on 1 November 2008.
Updated guidance to encompass these changes will be published over the coming weeks.
Simplifying anti-avoidance legislation
HMRC published on 17 July 2008 an update report on the Anti-Avoidance Simplification Review. The objective of the review is to consider how anti-avoidance legislation can best meet the twin aims of simplicity and revenue protection. This update follows on from the earlier progress report published at Budget 08, and focuses on three areas of the review: Transactions in Securities, certain rules relating to shares acquired by employees and greater alignment of the various unallowable purposes' tests. It also offers the opportunity to provide feedback.
This update report (PDF 54K) is also available in PDF format. To view a PDF document you must have a PDF reader installed on your computer. Adobe Reader is provided for download.
