Notes: Disclosure of Avoidance Scheme - form AAG4

Please read these notes before following the link below to form AAG4. We recommend that you keep these notes open as you complete the form.

Background

Details of certain tax and National Insurance contributions avoidance schemes must be notified to HM Revenue & Customs (HMRC), usually by the scheme promoter. The user of the scheme must make the notification where the scheme is devised 'in-house', where the promoter is outside the UK and no promoter notifies, or where the information is to be covered by legal professional privilege.

When a scheme is notified, HMRC may issue an eight-digit Scheme Reference Number (SRN) to the person making the notification. A promoter to whom an SRN is issued must provide it to each client who implements the scheme. If there are other users of the scheme the client must provide the SRN to them.
If you have received an SRN, whether from HMRC, the scheme promoter, or a client of the promoter, you are required to declare the use of the scheme to HMRC annually until you no longer expect a tax advantage from the scheme. This is done by entering the SRN and certain other information on either a tax return or this form.

Who should use this form?

You should use this form only if you have received an eight-digit SRN from HMRC, a scheme promoter, or the client of a scheme promoter, and you expect to obtain an Income Tax, Capital Gains Tax or Corporation Tax advantage and/or a National Insurance contributions advantage, and one or more of the following applies:

  • you are not liable to submit an Income Tax or Company Tax Return
  • you are an employer who expects the scheme to result in a tax and/or National Insurance contributions advantage in relation to employment liabilities
  • you are liable to submit an Income Tax or Company Tax Return and either your return will not be submitted by the statutory filing date, or it has already been submitted excluding the SRN
  • you are liable to submit an Income Tax or Company Tax Return but you have more SRNs to declare than there are spaces on the return form (use this form to declare the excess SRNs)
  • the arrangements give rise to a claim to relief under either TCGA92/S261B (trade loss etc treated as Capital Gains Tax loss) or any of the various loss relief provisions within Part 4 ITA 2007, and the claim is made separately from your return

This form is not used for Stamp Duty Land Tax schemes where AAG4 (SDLT) should be used in all cases (PDF 45K)

When to send in the form?

If you are using this form because:

1. You are an employer - you should return this form by 19 May following the end of the tax year in which you first entered into a transaction forming part of the notifiable arrangements. You should complete and return a new form AAG4 by each subsequent 19 May until you no longer expect a tax and/or National Insurance contributions advantage. If the advantage relates to Class 1A National Insurance contributions only, then 6 July may be substituted for 19 May.

2. You are making a claim separately from a return - you should return this form with that claim on the date it is submitted to HMRC.

3. You are not required to make a return, or your return will be late or it has already been submitted without the SRN information, or because there are not enough boxes on the return form for all the SRNs you have to report - you should return this form by the date on which an Income Tax or Company Tax Return for the relevant period must be submitted:

  • if you expect a Corporation Tax advantage you must return this form within 12 months of the end of the accounting period in which you first entered into a transaction forming part of the notifiable arrangements
  • if you are a partnership you must return this form by the earliest date by which a return could be required for the year of assessment in which the partnership first enters into a transaction forming part of the notifiable arrangements - usually by 31 October following the year of assessment
  • in all other cases you must return this form by 31 January following the end of the tax year in which you first entered into a transaction forming part of the notifiable arrangements

Thereafter you should complete and return a new form AAG4 annually, provided one or more of the conditions above applies, until such time as you no longer expect a tax advantage to arise.

Please follow the link below to make an online notification on form AAG4.

Disclosure Of Avoidance Scheme - Form AAG4