The National Insurance Contributions (Application of Part 7 of the Finance Act 2004) (Amendment) (No. 2) Regulations 2009

Amendments to the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007

2.—(1) Amend the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007 as follows.

(2) In regulation 17 (the Tax Avoidance Schemes (Information) Regulations 2004)(1) for paragraph (7) substitute—

“(7) For regulation 8 (prescribed information under section 313: timing and manner of delivery) substitute—

“Prescribed information under regulation 12 of the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007: timing and manner of delivery

8— (1) For the purposes of regulation 12 of the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007 (duty of parties to notifiable contribution arrangements to notify the Commissioners of number, etc) the prescribed information is—

(a) the reference number allocated by the Commissioners under regulation 10 to the notifiable contribution arrangements or notifiable contribution proposal;

(b) the earnings period in which the person making the notification expects an advantage to be obtained; and

(c) the employer’s name, address and Unique Taxpayer Reference (UTR).

(2) The prescribed information shall be provided to the Commissioners in such form and manner as they may specify.

(3) Unless paragraph (4) applies, the prescribed time at which a person who is a party to notifiable contribution arrangements must provide the Commissioners with information under regulation 12 is any time before the date on which the return under paragraph 22(1) of Schedule 4 to the Social Security (Contributions) Regulations 2001(2) is or would be due—

(a) for the year in which the employer first enters into a transaction forming part of the notifiable arrangements; and

(b) for each subsequent year until the advantage ceases to apply to any person.

(4) Where the advantage which is expected to arise from the notifiable contribution arrangements relates to Class 1A contributions only, and the transactions which comprise the notifiable contribution arrangements do not give rise to an advantage in relation to tax, the prescribed time is any time before the date on which the return under regulation 80(1) of the Social Security (Contributions) Regulations 2001(3) is or would be due—

(a) for the year in which the employer first enters into a transaction forming part of the notifiable arrangements; and

(b) for each subsequent year until the advantage ceases to apply to any person.

In this paragraph the term “an advantage in relation to tax” shall be construed in accordance with section 318(1).”.”.

(1)

Regulation 17 was amended by S.I. 2008/2678.

(2)

S.I. 2001/1004; paragraph (1) was amended by S.I. 2003/93.

(3)

Regulation 80(1) was amended by S.I. 2004/770.