7.—(1) For the purposes of paragraphs 11(1), 12(1), 17(2) and 18(2) of the Schedule, the prescribed information is—
(a)the particular information in paragraph (2);
(b)the additional information in paragraph (3), if applicable; and
(c)other information as might reasonably be expected to enable an officer of HMRC to comprehend the manner in which the notifiable proposal or notifiable arrangement is intended to operate.
(2) The particular information referred to in paragraph (1) means—
(a)the name and address of the promoter but, where paragraph 18(2) of the Schedule applies, only to the extent that information is known to the person described in paragraph 18(1) of the Schedule;
(b)details of each provision of the Indirect Taxes (Notifiable Arrangements) Regulations 2017(1) by virtue of which the proposal for arrangements or the arrangement is a notifiable proposal or a notifiable arrangement;
(c)a summary of the notifiable proposal or notifiable arrangement and any name by which it is known;
(d)information which explains each element of the notifiable proposal or notifiable arrangement from which the tax advantage expected to be obtained arises; and
(e)details of the statutory provisions on which that expected tax advantage is based.
(3) The additional information referred to in paragraph (1) means—
(a)where paragraph 17(2) of the Schedule applies, the name and address of the person described in paragraph 17(1) of the Schedule;
(b)where paragraph 18(2) of the Schedule applies, the name and address of the person described in paragraph 18(1) of the Schedule.
(4) Where—
(a)paragraph 17(2) or 18(2) of the Schedule applies;
(b)but for this paragraph, a person would be required to provide prescribed information in relation to two or more notifiable proposals or notifiable arrangements;
(c)those notifiable proposals or notifiable arrangements are substantially the same (whether or not they relate to the same parties); and
(d)the person provides the prescribed information in relation to at least one of the notifiable proposals or notifiable arrangements,
the person is not required to provide that information in relation to the other notifiable proposals or notifiable arrangements.
8.—(1) This regulation prescribes times for the purposes of paragraph 18(2) of the Schedule.
(2) Except as provided by paragraph (3), the prescribed time is any time during the period of 30 days beginning with the relevant day.
(3) Where paragraph 18(1) of the Schedule applies by virtue of the application of regulation 5, the prescribed time is any time during the period of 5 days beginning with the relevant day.
(4) In this regulation, “relevant day” means the day after the day on which the person enters into the first transaction forming part of the notifiable arrangements.
9.—(1) For the purposes of paragraphs 23(2) and 24(3) of the Schedule, the prescribed information is—
(a)the name and address of the promoter;
(b)a summary of the notifiable proposal or notifiable arrangement and any name by which it is known;
(c)each reference number(2); and
(d)the date that each reference number was sent to the client.
(2) In paragraph (1)—
(a)where paragraph 23(2) of the Schedule applies, “the client” has the same meaning as in paragraph 23(1) of the Schedule; or
(b)where paragraph 24(3) of the Schedule applies, “the client” has the same meaning as in paragraph 24(1) of the Schedule.
10.—(1) For the purposes of paragraph 25(2) of the Schedule, the prescribed information is that described in paragraph (2) or (3).
(2) The information referred to in paragraph (1) is each tax identifier number provided to the client.
(3) Where the information described in paragraph (2) is not provided to the client, the information referred to in paragraph (1) is a written statement to that effect.
(4) In this regulation, “the client” has the same meaning as in paragraph 25(1) of the Schedule.
11.—(1) For the purposes of paragraph 26(1) of the Schedule, the prescribed information is—
(a)the name and address of the person (“P”) providing the information;
(b)each reference number;
(c)the accounting period in which, or the date on which, P expects a tax advantage to arise in relation to a relevant indirect tax;
(d)each tax identifier number provided to P;
(e)a declaration made by P which confirms the accuracy and completeness of the information provided and which states whether P is also—
(i)a client;
(ii)another party to the notifiable proposal or notifiable arrangement; or
(iii)an introducer(3) or a promoter in relation to the notifiable proposal or notifiable arrangement.
(2) In paragraph (1), “client” has the same meaning as in paragraph 23(1) or 24(1) of the Schedule, as the case may be.
(3) HMRC may by notice prescribe the time for the giving of the prescribed information described in paragraph (1) in such cases as are prescribed in the notice, how that information must be provided to HMRC and the address to which it must be sent.
12.—(1) For the purposes of paragraph 27(3) of the Schedule, the following information is prescribed in relation to each notifiable arrangement to which paragraph 27(1) of the Schedule applies—
(a)each reference number;
(b)the name and address of each client;
(c)the prescribed information (if any) provided by the client to the promoter as described in regulation 10;
(d)the name and address of the promoter; and
(e)the date of the end of the relevant period in relation to which the information is provided.
(2) In paragraph (1)(b), the name and address of a client is—
(a)the address to which the promoter has sent, or would have sent, the prescribed information described in regulation 11(1) in compliance with paragraph 23(2) of the Schedule; or
(b)the address of the client shown on any register held by HMRC for the indirect tax to which the notifiable arrangement relates or most closely relates.
(3) Paragraph (4) applies on the expiry of the prescribed period of 30 days referred to in regulation 13(2), where the prescribed period is extended to 60 days under regulation 13(3).
(4) Where this paragraph applies, the prescribed information is a written statement that the client has not complied with paragraph 25(2) of the Schedule and that the period to do so has not expired.
(5) Paragraph (6) applies—
(a)on the expiry of the prescribed period of 60 days under regulation 13(3); and
(b)where the client has not complied with paragraph 25(2) of the Schedule.
(6) Where this paragraph applies, the prescribed information is a written statement that the client has not complied with paragraph 25(2) of the Schedule.
13.—(1) Paragraphs (2) and (3) prescribe the period for the purposes of paragraph 27(3) of the Schedule.
(2) Except as provided by paragraph (3), the prescribed period is the period of 30 days.
(3) Where—
(a)on the sixteenth day after the end of the relevant period (as defined by paragraph 27(4) of the Schedule), the relevant period (as defined by paragraph 25(3) of the Schedule) has not expired; and
(b)by that day, the client has not complied with paragraph 25(2) of the Schedule,
the prescribed period in respect of the prescribed information described in regulation 12(1)(c) is the period of 60 days.
(4) The prescribed period for the purposes of the relevant period (as defined in paragraph 27(4) of the Schedule) is each calendar quarter.
14. For the purposes of paragraph 28(2) of the Schedule, where HMRC has given a written notice further to that paragraph, the prescribed information is—
(a)the name and address of any person (“P”) other than the client, as described in paragraph 28(2) of the Schedule, who—
(i)sells, or is likely to sell, the notifiable proposal or notifiable arrangement; or
(ii)has achieved, or is likely to achieve, a tax advantage by implementing the notifiable proposal or notifiable arrangement;
(b)each tax identifier number provided to P; and
(c)sufficient information as might reasonably be expected to enable an officer of HMRC to comprehend the manner in which P is involved in the notifiable proposal or notifiable arrangement.
15. For the purposes of paragraph 31(2) of the Schedule, the prescribed information is the name and address of—
(a)P as described in paragraph 31(1)(a) of the Schedule;
(b)each person who has provided P with information relating to the notifiable proposal or notifiable arrangement; and
(c)each person with whom P has made a marketing contact.
See paragraph 22(4) of the Schedule for the definition of “reference number”.
See paragraph 9 of the Schedule for the definition of “introducer”.