Finance Act 2015

Notification of employees U.K.

5 (1) Section 312A of FA 2004 (duty of client to notify parties of number) is amended as follows. U.K.

(2) After subsection (2) insert—

“(2A) Where the client—

(a) is an employer, and

(b) by reason of the arrangements or proposed arrangements, receives or might reasonably be expected to receive an advantage, in relation to any relevant tax, in relation to the employment of one or more of the client's employees,

the client must, within the prescribed period, provide to each of the client's relevant employees prescribed information relating to the reference number.”

(3) For subsection (3) substitute—

“(3) For the purposes of this section—

(a) a tax is a “relevant tax”, in relation to arrangements or arrangements proposed in a proposal of any description, if it is prescribed in relation to arrangements or proposals of that description by regulations under section 306;

(b) “relevant employee” means an employee in relation to whose employment the client receives or might reasonably be expected to receive the advantage mentioned in subsection (2A);

(c) “employee” includes a former employee;

(d) a reference to employment includes holding an office (and references to “employee” and “employer” are to be construed accordingly).”

(4) In subsection (4), for “the duty under subsection (2)” substitute “ one or both of the duties under this section ”.

(5) In subsection (5), after “subsection (2)” insert “ or (2A) ”.

6 U.K. In section 313 of that Act (duty of parties to notifiable arrangements to notify Board of number, etc), after subsection (5) insert—

“(6) The duty under subsection (1) does not apply in prescribed circumstances.”

7 U.K. In section 316 of that Act (information to be provided in form and manner specified by HMRC), in subsection (2), after “312A(2)” insert “ and (2A) ”.

8 U.K. In section 98C of TMA 1970 (notification under Part 7 of FA 2004), in subsection (2), in paragraph (da), after “312A(2)” insert “ and (2A) ”.