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Draft Finance Bill 2017 provisions - Law Society comments

15 February 2017

The Law Society has provided comments on HMRC's draft Finance Bill 2017 provisions: penalties for enablers of defeated tax avoidance.

The draft Finance Bill 2017 contains proposals for HMRC to levy a penalty on those who facilitate abusive tax avoidance arrangements - referred to as 'enablers'.

An enabler is potentially liable to a penalty when those arrangements are defeated. It will apply to any steps taken by an enabler in relation to a taxpayer's arrangements

We welcome the changes made to the consultation proposals but have concerns about the definition of 'enabler' in the draft provisions, which we feel requires further clarification.

The provisions are more extensive than is required to deal with the issue, as we discussed in our October response to the original consultation. However, we understand the government is committed to bringing in measures along the lines of those published on 5 December.

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