Finance Act 2021

33 (1) Paragraph 27 (duty of promoter to provide details of clients) is amended as follows.

(2) In sub-paragraph (1), for paragraphs (a) and (b) substitute—

“(a) the promoter is subject to the requirement under paragraph 23(2) to provide to the client prescribed information relating to the reference number allocated to—

(i) the arrangements, or

(ii) any arrangements substantially the same as the arrangements; or

(b) the promoter has failed to comply with paragraph 11(1) or 12(1) in relation to the notifiable arrangements (or the notifiable proposal for them) but would be subject to that requirement if a reference number had been allocated to—

(i) the notifiable arrangements, or

(ii) any arrangements substantially the same as the arrangements.”

(3) After sub-paragraph (1) insert—

“(1A) This paragraph also applies where—

(a) a person (“the provider”) is providing (or has provided) services to another person (“the client”) in connection with arrangements or proposed arrangements, and

(b) the provider is subject to the requirement under paragraph 23A(2) to provide to the client prescribed information relating to the reference number allocated to—

(i) the arrangements or proposed arrangements, or

(ii) any arrangements substantially the same as the arrangements or proposed arrangements.”

(4) Omit sub-paragraph (2).

(5) In sub-paragraph (3), after “promoter” insert “or (as the case may be) provider”.

(6) For sub-paragraph (4) substitute—

“(4) In sub-paragraph (3) “the relevant period” means—

(a) in a case within sub-paragraph (1), such period as is prescribed and is a period during which the promoter is or would be subject to the requirement mentioned in that sub-paragraph;

(b) in a case within sub-paragraph (1A), such period as is prescribed and is a period during which the provider is or would be subject to the requirement mentioned in that sub-paragraph.”

(7) After sub-paragraph (5) insert—

“(6) The provider need not comply with sub-paragraph (3) in relation to any arrangements at any time after HMRC have given notice under paragraph 23A(4) in relation to the arrangements.”