Paragraph 6.3.2 |
Replace the test for a person using an in-house scheme with:
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Do I wish to keep confidential from HMRC the
way any element of the arrangements (including
the way they are structured) gives rise to and secures the expected
tax advantage (see paragraph 6.2.4),
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at any time between the date of the first transaction
forming part of the scheme and the date (if the scheme were disclosed)
by which I would be required to notify HMRC of the reference number
(see paragraph 6.2.5)?
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Is a reason for doing so to facilitate the repeated or continued
use of that element, or substantially the same element, in the future?
(The guidance on "continued and repeated use" at paragraph
6.2.6, when read in the context of a scheme user, applies to this
hallmark in the same way as it applies to hallmark 1((b).)
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