SCHEDULES
C1SCHEDULE 17Disclosure of tax avoidance schemes: VAT and other indirect taxes
PART 1Duties to disclose avoidance schemes etc
Duty of promoter to notify client of number F1: paragraph 22(2) case
Words in Sch. 17 para. 23 cross-heading inserted (with application in accordance with Sch. 31 paras. 45, 46 of the amending Act) by Finance Act 2021 (c. 26), Sch. 31 paras. 24, 44
I123
1
This paragraph applies where a person who is a promoter in relation to notifiable arrangements is providing (or has provided) services to any person (“the client”) in connection with the arrangements.
2
The promoter must, within 30 days after the relevant date, provide the client with prescribed information relating to any reference number F2allocated in a case within paragraph 22(2) (or, if more than one, any F3one such reference number) that has been notified to the promoter (whether by HMRC or any other person) in relation to—
a
the notifiable arrangements, or
b
any arrangements substantially the same as the notifiable arrangements (whether involving the same or different parties).
3
In sub-paragraph (2) “the relevant date” means the later of—
a
the date on which the promoter becomes aware of any transaction which forms part of the notifiable arrangements, and
b
the date on which the reference number is notified to the promoter.
4
But where the conditions in sub-paragraph (5) are met the duty imposed on the promoter under sub-paragraph (2) to provide the client with information in relation to notifiable arrangements is discharged
5
Those conditions are—
a
that the promoter is also a promoter in relation to a notifiable proposal and provides services to the client in connection with them both,
b
the notifiable proposal and the notifiable arrangements are substantially the same, and
c
the promoter has provided to the client, in a form and manner specified by HMRC, prescribed information relating to the reference number that has been notified to the promoter in relation to the proposed notifiable arrangements.
6
HMRC may give notice that, in relation to notifiable arrangements specified in the notice, promoters are not under the duty under sub-paragraph (2) after the date specified in the notice.
Sch. 17 modified (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by 1994 c. 23, Sch. 9ZA para. 80 (as inserted by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 2 para. 2 (with s. 3(4), Sch. 2 para. 7(7)-(10)); S.I. 2020/1642, reg. 9)