Statutory Instruments
2021 No. 979
Taxes
The Indirect Taxes (Disclosure of Avoidance Schemes) (Amendment) Regulations 2021
Made
8th September 2021
Laid before the House of Commons
9th September 2021
Coming into force
30th September 2021
The Commissioners for Her Majesty’s Revenue and Customs make these Regulations in exercise of the powers conferred by paragraphs 23(2), 23A(2), 24(3), 25(2), 26(1) and (3), 27(3) and (4), 28(2), 56(2) and 57 of Schedule 17 to the Finance (No. 2) Act 2017( 1 ).
Citation and commencement
1. These Regulations may be cited as the Indirect Taxes (Disclosure of Avoidance Schemes) (Amendment) Regulations 2021 and come into force on 30th September 2021.
Amendment of the Indirect Taxes (Disclosure of Avoidance Schemes) Regulations 2017
2.The Indirect Taxes (Disclosure of Avoidance Schemes) Regulations 2017( 2 ) are amended as follows.
3. In regulation 2, in the definition of “relevant indirect tax”, omit “notifiable” in both places.
4. In regulation 9—
(a) for the heading, substitute “Paragraphs 23(2), 23A(2) and 24(3) – duties of promoters, clients and others”;
(b) in paragraph (1), after “23(2)” insert “, 23A(2)”;
(c) in paragraph (1)(a), at the end insert “or the person under the duty in paragraph 23A(2) of the Schedule”;
(d) in paragraph (1)(b), for “notifiable proposal or notifiable arrangement” substitute “proposal or arrangement”;
(e) for paragraph (1)(c), substitute—
“ (c) the reference number (or, if more than one, any one reference number) allocated by HMRC under paragraph 22(5) of the Schedule; ” ;
(f) in paragraph (1)(d), for “each” substitute “the”;
(g) at the end of paragraph (2)(a), after “Schedule;” insert—
“ (aa) where paragraph 23A(2) of the Schedule applies, “the client” has the same meaning as in paragraph 23A(1) of the Schedule; ” .
5. In regulation 10, in the heading, omit “to promoter”.
6. In regulation 11—
(a) in the heading, omit “notifiable”;
(b) in paragraph (1)(e)(ii), omit “notifiable” in both places;
(c) in paragraph (1)(e)(iii), omit “notifiable” in both places;
(d) in paragraph (2), after “paragraph 23(1)” insert “, 23A(1)”.
7. In regulation 12—
(a) for the heading, substitute “Paragraph 27(3) of the Schedule – duty to provide details of clients: prescribed information”;
(b) in paragraph (1), for “each notifiable arrangement to which paragraph 27(1)” substitute “the arrangement or proposed arrangement to which paragraph 27(1) or (1A)”;
(c) in paragraph (1)(c), after “the promoter” insert “or provider”;
(d) in paragraph (1)(d), after “the promoter” insert “or provider”;
(e) in paragraph (2)(a)—
(i) after “the promoter” insert “or provider”;
(ii) after “paragraph 23(2)” insert “or 23A(2)”;
(f) in paragraph (2)(b), omit “notifiable”.
8. In regulation 13, for the heading, substitute “Paragraph 27(3) and (4) of the Schedule – duty to provide details of clients: prescribed period”.
9. In regulation 14—
(a) in paragraph (a)(i), omit “notifiable” in both places;
(b) in paragraph (a)(ii), omit “notifiable” in both places;
(c) in paragraph (c), omit “notifiable” in both places.
Jim Harra
Sophie Dean
Two of the Commissioners for Her Majesty’s Revenue and Customs
8th September 2021
2017 c. 32 ; paragraph 23(2) was amended by paragraph 25(2) of Schedule 31 to the Finance Act 2021 (c. 26) (“Schedule 31”); paragraph 23A was inserted by paragraph 26 of Schedule 31; paragraph 25(2) was amended by paragraph 29(3) of Schedule 31; paragraph 26(1) was amended by paragraph 31(2) and (3) of Schedule 31; paragraph 27(3) and (4) was amended by paragraph 33(5) and (6) of Schedule 26; and paragraph 28(2) was amended by paragraph 34(3) of Schedule 31.