The National Insurance Contributions (Application of Part 7 of the Finance Act 2004) (Amendment) Regulations 2008

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

11.—(1) Regulation 7 (duties of promoter) is amended as follows.

(2) In paragraph (1)—

(a) for “The promoter” substitute “A person who is a promoter in relation to a notifiable contribution proposal”, and

(b) for “any” substitute “the”.

(3) In paragraph (2)(a) for “a” substitute “the”.

(4) In paragraph (3)—

(a) for “The promoter” substitute “A person who is a promoter in relation to notifiable contribution arrangements”, and

(b) for “any notifiable” substitute “the notifiable”.

(5) For paragraph (4) substitute—

“(4) Paragraph (4A) applies where a person complies with paragraph (1) in relation to a notifiable contribution proposal for arrangements and another person is —

(a) also a promoter in relation to the notifiable contribution proposal or is a promoter in relation to a notifiable contribution proposal for arrangements which are substantially the same as the proposed arrangements (whether they relate to the same or different parties), or

(b) a promoter in relation to notifiable contribution arrangements implementing the notifiable contribution proposal or notifiable contribution arrangements which are substantially the same as notifiable contribution arrangements implementing the notifiable contribution proposal (whether they relate to the same or different parties).

(4A) Any duty of the other person under paragraph (1) or (3) in relation to the notifiable contribution proposal or notifiable contribution arrangements is discharged if—

(a) the person who complied with paragraph (1) has notified the identity and address of the other person to the Commissioners or the other person holds the reference number allocated to the proposed notifiable contribution arrangements under regulation 10, and

(b) the other person holds information provided to the Commissioners in compliance with paragraph (1).

(4B) Paragraph (4C) applies where a person complies with section 308(1)(1) in relation to a notifiable proposal and another person is —

(a) a promoter in relation to a notifiable contribution proposal for arrangements which are substantially the same as the notifiable proposal (whether they relate to the same or different parties), or

(b) a promoter in relation to notifiable contribution arrangements which are substantially the same as notifiable arrangements implementing the notifiable proposal (whether they relate to the same or different parties).

(4C) Any duty of the other person under paragraph (1) or (3) in relation to the notifiable contribution proposal or notifiable contribution arrangements is discharged if—

(a) the person who complied with section 308(1) in relation to the notifiable proposal has notified the identity and address of the other person to the Commissioners or the other person holds the reference number allocated to the proposed notifiable arrangements under section 311(2), and

(b) the other person holds information provided to the Commissioners in compliance with section 308(1).

(4D) Paragraph (4E) applies where a person complies with paragraph (3) in relation to notifiable contribution arrangements and another person is—

(a) a promoter in relation to a notifiable contribution proposal for arrangements which are substantially the same as the notifiable contribution arrangements (whether they relate to the same or different parties), or

(b) also a promoter in relation to the notifiable contribution arrangements or notifiable contribution arrangements which are substantially the same (whether they relate to the same or different parties).

(4E) Any duty of the other person under paragraph (1) or (3) in relation to the notifiable contribution proposal or notifiable contribution arrangements is discharged if—

(a) the person who complied with paragraph (3) has notified the identity and address of the other person to the Commissioners or the other person holds the reference number allocated to the notifiable contribution arrangements under regulation 10, and

(b) the other person holds the information provided to the Commissioners in compliance with paragraph (3).

(4F) Paragraph (4G) applies where a person complies with section 308(3) in relation to notifiable arrangements and another person is a promoter in relation to a notifiable contribution proposal for arrangements or notifiable contribution arrangements which are substantially the same as the notifiable arrangements (whether they relate to the same or different parties).

(4G) Any duty of the other person under paragraph (1) or (3) in relation to the notifiable contribution proposal or notifiable contribution arrangements is discharged if—

(a) the person who complied with section 308(3) in relation to the notifiable arrangements has notified the identity and address of the other person to the Commissioners or the other person holds the reference number allocated to the notifiable arrangements under section 311, and

(b) the other person holds the information provided to the Commissioners in compliance with section 308(3). ”.

(1)

Section 308 was amended by paragraph 2 of Schedule 38 to the Finance Act 2008 (c. 9).

(2)

Section 311 was amended by paragraph 3 of Schedule 38 to the Finance Act 2008.