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Finance Act 2012

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This is the original version (as it was originally enacted).

224Information powers

This section has no associated Explanatory Notes

(1)Schedule 36 to FA 2008 (information and inspection powers) is amended as follows.

(2)After paragraph 5 insert—

Power to obtain information about persons whose identity can be ascertained

5A(1)An authorised officer of Revenue and Customs may by notice in writing require a person to provide relevant information about another person (“the taxpayer”) if conditions A to D are met.

(2)Condition A is that the information is reasonably required by the officer for the purpose of checking the tax position of the taxpayer.

(3)Condition B is that—

(a)the taxpayer’s identity is not known to the officer, but

(b)the officer holds information from which the taxpayer’s identity can be ascertained.

(4)Condition C is that the officer has reason to believe that—

(a)the person will be able to ascertain the taxpayer’s identity from the information held by the officer, and

(b)the person obtained relevant information about the taxpayer in the course of carrying on a business.

(5)Condition D is that the taxpayer’s identity cannot readily be ascertained by other means from the information held by the officer.

(6)“Relevant information” means all or any of the following—

(a)name,

(b)last known address, and

(c)date of birth (in the case of an individual).

(7)This paragraph applies for the purpose of checking the tax position of a class of persons as for the purpose of checking the tax position of a single person (and references to “the taxpayer” are to be read accordingly).

(3)In paragraph 6 (notices), in sub-paragraph (1), for “or 5” substitute “, 5 or 5A”.

(4)In paragraph 31 (right to appeal against notice given under paragraph 5), after “paragraph 5” insert “or 5A”.

(5)Accordingly, in the heading immediately before paragraph 31, at the end insert “or 5A”.

(6)In section 18D of TMA 1970 (savings income: content of regulations under section 18B), in subsection (1), for “sections 17 and 18” substitute “paragraph 1 of Schedule 23 to the Finance Act 2011 (data-gathering powers)”.

(7)The amendments made by subsections (1) to (5) apply for the purpose of checking the tax position of a taxpayer as regards periods or tax liabilities whenever arising (whether before, on or after the day on which this Act is passed).

(8)The amendment made by subsection (6) is treated as having come into force on 1 April 2012.

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