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The Platform Operators (Due Diligence and Reporting Requirements) Regulations 2023
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- UK Statutory Instruments
- 2023 No. 817
- PART 2
- Regulation 4
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4.—(1) Subject to paragraph (5), a reporting platform operator must, for each reportable period, make a report to HMRC setting out the information in paragraph (2) on or before the 31st January following the end of the reportable period.
(2) The information is—
(a)in respect of the reporting platform operator, the information set out in section III(B)(1) (information to be reported with respect to reporting platform operators) of the model rules, and
(b)in respect of each seller identified as a reportable seller in respect of the reportable period, the information set out in section III(B)(2) (information to be reported with respect to reportable sellers that provided relevant services other than immovable property rental) or (3) (information to be reported with respect to reportable sellers that provided relevant services for the rental of immoveable property) of the model rules, or both, as applicable.
(3) Section III(A)(5) and (6) of the model rules applies to information with respect to consideration that is required to be included in a report.
(4) Subject to paragraph (5), where a reporting platform operator must make a report for a reportable period including information in respect of a reportable seller, the reporting platform operator must provide that reportable seller with that information by no later than the 31st January following the end of the reportable period.
(5) A reporting platform operator is not required to comply with paragraph (1) or (4) in respect of a reportable seller where—
(a)either—
(i)the reporting platform operator reasonably believes that another platform operator is required to, and will, include in a report under paragraph (1) the information it would otherwise be required to include in a report under paragraph (1), or
(ii)[F1subject to paragraph (5A),] the reporting platform operator reasonably believes that another platform operator is required to, and will, report the information it would otherwise be required to include in a report under paragraph (1) to the tax authority of a partner jurisdiction under substantially similar rules, and
(b)the reporting platform operator gives notice to HMRC by no later than the 31st January following the end of the reportable period of—
(i)the fact that it relies on the exemption in this paragraph, and
(ii)such information regarding the other platform operator as is specified in a notice published by the Commissioners for HMRC under this regulation.
[F2(5A) Where the condition in paragraph (5)(a)(ii) is met, the exemption from making a report in paragraph (5) does not apply if under section II(D)(1) of the model rules the reporting platform operator must consider the reportable seller resident in the United Kingdom.]
(6) The form and manner in which notice under paragraph (5) is to be given is specified in specific or general directions given by the Commissioners for HMRC.
Textual Amendments
F1Words in reg. 4(5)(a)(ii) inserted (25.11.2024) by The Platform Operators (Due Diligence and Reporting Requirements) (Amendment) Regulations 2024 (S.I. 2024/1082), regs. 1, 2(3)(a)
F2Reg. 4(5A) inserted (25.11.2024) by The Platform Operators (Due Diligence and Reporting Requirements) (Amendment) Regulations 2024 (S.I. 2024/1082), regs. 1, 2(3)(b)
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