188体育

STATUTORY INSTRUMENTS

2021 No. 0000

TAXES

The Indirect Taxes (Disclosure of Avoidance Schemes) (Amendment) Regulations 2021

Made - - - - ***

Laid before the House of Commons ***

Coming into force - - ***

The Commissioners for Her Majesty鈥檚 Revenue and Customs make these Regulations in exercise of the powers conferred by paragraphs 23(2), 23A(2), 24(3), 25(2), 26(1) and (3), 27(3) and (4), 28(2), 56(2) and 57 of Schedule 17 to the Finance (No. 2) Act 2017(a).

The Commissioners for Her Majesty鈥檚 Revenue and Customs make these Regulations in exercise of the powers conferred by paragraphs 23(2), 23A(2), 24(3), 25(2), 26(1) and (3), 27(3) and (4), 28(2), 56(2) and 57 of Schedule 17 to the Finance (No. 2) Act 2017. [footnote a]

Citation and commencement

1. These Regulations may be cited as the Indirect Taxes (Disclosure of Avoidance Schemes) (Amendment) Regulations 2021 and come into force on [date].

Amendment of the Indirect Taxes (Disclosure of Avoidance Schemes) Regulations 2017

2. The Indirect Taxes (Disclosure of Avoidance Schemes) Regulations 2017 [footnote b] are amended as follows.

3. In regulation 9鈥�
   1. for the heading, substitute 鈥淧aragraphs 23(2), 23A(2) and 24(3) 鈥� duties of promoters, clients and others鈥�;
   2. in paragraph (1), after 鈥�23(2)鈥� insert 鈥�, 23A(2)鈥�;
   3. in paragraph (1)(a), at the end insert 鈥渙r the person under the duty in paragraph 23A(2) of the Schedule鈥�;
   4. in paragraph (1)(b), for 鈥渘otifiable proposal or notifiable arrangement鈥� substitute 鈥減roposal or arrangement鈥�;
   5. for paragraph (1)(c), substitute鈥�

      鈥�(c) the reference number (or, if more than one, any one reference number) allocated by HMRC under paragraph 22(5) of the Schedule;鈥�;

   6. in paragraph (1)(d), for 鈥渆ach鈥� substitute 鈥渢he鈥�;
   7. at the end of paragraph (2)(a), after 鈥淪chedule;鈥� insert鈥�

      鈥�(aa) where paragraph 23A(2) of the Schedule applies, 鈥渢he client鈥� has the same meaning as in paragraph 23A(1) of the Schedule;鈥�.

4. In regulation 10, in the heading, omit 鈥渢o promoter鈥�.

5. In regulation 11鈥�
   1. in the heading, omit 鈥渘otifiable鈥�;
   2. in paragraph (1)(e)(ii), omit 鈥渘otifiable鈥� in both places;
   3. in paragraph (1)(e)(iii), omit 鈥渘otifiable鈥� in both places;
   4. in paragraph (2), after 鈥減aragraph 23(1)鈥� insert 鈥�, 23A(1)鈥�.

6. In regulation 12鈥�
   1. for the heading, substitute 鈥淧aragraph 27(3) of the Schedule 鈥� duty to provide details of clients: prescribed information鈥�;
   2. in paragraph (1), for 鈥渆ach notifiable arrangement to which paragraph 27(1)鈥� substitute 鈥渢he arrangement or proposed arrangement to which paragraph 27(1) or (1A)鈥�;
   3. in paragraph (1)(c), after 鈥渢he promoter鈥� insert 鈥渙r provider鈥�;
   4. in paragraph (1)(d), after 鈥渢he promoter鈥� insert 鈥渙r provider鈥�;
   5. in paragraph (2)(a)鈥�
      1. after 鈥渢he promoter鈥� insert 鈥渙r provider鈥�;
      2. after 鈥減aragraph 23(2)鈥� insert 鈥渙r 23A(2)鈥�;
   6. in paragraph (2)(b), omit 鈥渘otifiable鈥�.

7. In regulation 13, for the heading, substitute 鈥淧aragraph 27(3) and (4) of the Schedule 鈥� duty to provide details of clients: prescribed period鈥�.

8. In regulation 14鈥�
   1. in paragraph (a)(i), omit 鈥渘otifiable鈥� in both places;
   2. in paragraph (a)(ii), omit 鈥渘otifiable鈥� in both places;
   3. in paragraph (c), omit 鈥渘otifiable鈥� in both places.

Name

Name

Two of the Commissioners for Her Majesty鈥檚 Revenue and Customs

Date

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Indirect Taxes (Disclosure of Avoidance Schemes) Regulations 2017 (鈥渢he 2017 Regulations鈥�) to reflect changes made to Schedule 17 to the Finance (No. 2) Act 2017 (鈥淪chedule 17鈥�) by [the Finance Act 2021].

Schedule 17 provides for the disclosure to HMRC of information relating to arrangements that enable, or might enable, people to obtain a tax advantage in relation to VAT or another indirect tax. These arrangements are referred to as 鈥渘otifiable arrangements鈥� or, before they have been put into effect, a 鈥渘otifiable proposal鈥�. The individuals responsible for them are known as 鈥減romoters鈥� and are obliged to disclose them to HMRC, with related duties falling on their clients. HMRC allocates reference numbers to such disclosed arrangements.

The amendments made by [the Finance Act 2021] allow HMRC to allocate a reference number to arrangements, or a proposal, that have not been disclosed where HMRC reasonably suspects them to be notifiable. In such circumstances, the amendments also extend the obligations in Schedule 17 to all persons that HMRC reasonably suspects to be supplying the arrangements, or proposal, and their clients. Where a reference number has been allocated on this basis, there is no requirement for the arrangements or proposals to be 鈥渘otifiable鈥�. These Regulations make consequential amendments to the 2017 Regulations in order to give effect to those amendments, by including references to suppliers of arrangements and proposed arrangements, as well as promoters, and removing references to the arrangements being 鈥渘otifiable鈥� in circumstances where this is no longer required by Schedule 17.

A Tax Information and Impact Note covering this instrument was published on 21st July 2020 alongside draft legislation amending Schedule 17 and is available on the website at /government/collections/tax-information-and-impact-notes-tiins. It remains an accurate summary of the impacts that apply to this instrument.

Footnotes

[a] 2017 c. 32; paragraph 23(2) was amended by paragraph 25(2) of Schedule [X] to the Finance Act 2021 (c. [X]) (鈥淪chedule [X]鈥�); paragraph 23A was inserted by paragraph 26 of Schedule [X]; paragraph 25(2) was amended by paragraph 29(3) of Schedule [X]; paragraph 26(1) was amended by paragraph 31(2) and (3) of Schedule [X]; paragraph 27(3) and (4) was amended by paragraph 32(5) and (6) of Schedule [X]; and paragraph 28(2) was amended by paragraph 33(3) of Schedule [X].

[b] S.I. 2017/1215.