Citation and commencement

1. These Regulations may be cited as the Tax Avoidance Schemes (Information) (Amendment) Regulations 2015 and come into force on 16th April 2015.

Amendment of the Tax Avoidance Schemes (Information) Regulations 2012

2.The Tax Avoidance Schemes (Information) Regulations 2012( 3 )are amended as follows in regulations 3 to 11.

3. —(1)Regulation 6 (prescribed information under sections 312 and 312A) is amended as follows.

(2) For “(duty of client to notify parties of number)” substitute “and (2A) (duty of client to provide information to parties)”.

(3) In paragraph (d)(ii), after “312A(2)” insert “or (2A)”.

4. In regulation 7 (time for providing information under section 312A), after “312A(2)” insert “or (2A)”.

5. Omit regulation 8 (exemption from duty under section 312A).

6. After regulation 8A( 4 ) (prescribed information under section 312B: information and timing) insert—

“ Exemption from duty under section 313

8B. Where an employee receives prescribed information from an employer under section 312A(2) or (2A) in circumstances where the employer has a duty to notify HMRC under section 313ZC in respect of that employee, then no duty arises under section 313(1) in respect of that employee. ”

7. In regulation 9 (prescribed cases under section 313(3)(a)), in paragraphs (2), (3), and (4), for “10(4), (7)” substitute “10(7)”.

8. In regulation 10 (prescribed cases under section 313(3)(b)), omit paragraph (4).

9. In regulation 11(3)(d) (prescribed information under section 313(1)), omit “or, in the case of regulation 10(4), an employee of that person,”.

10. In regulation 12 (time for providing information under section 313(3)(b)), omit paragraph (3).

11. After regulation 13A( 5 ) (prescribed information under section 313ZB: information and timing) insert—

“ Prescribed information under section 313ZC: information and timing

13B. —(1) For the purposes of section 313ZC (duty of employer to notify HMRC of details of employees etc ) the prescribed time for providing prescribed information is 14 days after the end of the final tax period in respect of the tax year in which any person first enters into a transaction forming part of the notifiable arrangements and on the same date in each subsequent year until an advantage ceases to apply to the employee and the employer.

In this paragraph, “tax period” has the meaning given in regulation 2(1) (interpretation) of the Income Tax (Pay As You Earn) Regulations 2003.

(2) For the purposes of section 313ZC the prescribed information is—

(a) the name, address and reference number of the employer;

(b) the name and any National Insurance Number of the employee;

(c) the reference number (or, if more than one, any one reference number) allocated by HMRC under section 311 (arrangements to be given reference number) to the notifiable arrangements or proposed notifiable arrangements;

(d) where the employee obtains or might reasonably be expected to obtain a tax advantage by virtue of the notifiable arrangements, the tax year in which the employee obtains or expects to obtain the tax advantage;

(e) where a tax advantage is obtained or might reasonably be expected to be obtained only by a person other than the employee by virtue of the notifiable arrangements, confirmation that the employee’s tax advantage is expected to be nil; and

(f) the name and address of the promoter, and any name given to the notifiable arrangement when it was notified. ”

12. —(1)Regulation 15(1) (prescribed information under section 313C: information and timing) is amended as follows—

(a) after sub-paragraph (a), omit “and”; and

(b) after sub-paragraph (b) insert

“ ; and (c) the name and address of each person with whom P has made a marketing contact. ”