Statutory Instruments
2022 No. 770
Corporation Tax
The Corporate Interest Restriction (Electronic Communications) Regulations 2022
Made
6th July 2022
Laid before the House of Commons
7th July 2022
Coming into force
1st September 2022
The Commissioners for Her Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by sections 135(1), (2)(a) and (e), (3)(a), (4)(a) and 136 of the Finance Act 2002(1) and now exercisable by them(2), and paragraph 3 of Schedule 7A to the Taxation (International and Other Provisions) Act 2010(3).
Citation and commencementI1
1. These Regulations may be cited as the Corporate Interest Restriction (Electronic Communications) Regulations 2022 and come into force on 1st September 2022.
Requirement to submit information using electronic communicationsI2
2.—(1) The following information must be submitted to an officer of Revenue and Customs by an approved means of electronic communication—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)an interest restriction return under paragraph 7 of [F2Schedule 7A to the Taxation (International and Other Provisions) Act 2010F2] (4);
(d)a revised interest restriction return under paragraph 8 of that Schedule.
(2) In these Regulations “ approved means of electronic communication ” means any form or manner of electronic communication that is approved for the purposes of these Regulations by means of a specific or general direction given by the Commissioners.
F3(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) An interest restriction return, or a revised interest return, that does not meet the requirements of paragraph (1) is taken not to have been delivered.
Proof of delivery of informationI3
F43.—(1) A ... return that is submitted using an approved means of electronic communication is presumed to have been delivered if an acknowledgement is issued by an official computer system.
F5(2) A ... return that is submitted using an approved means of electronic communication is presumed not to have been delivered if no acknowledgment is issued by an official computer system.
(3) In this regulation “ official computer system ” means a computer system maintained by or on behalf of the Commissioners—
(a)to send or receive information; or
(b)to process or store information.
Justin Holliday
Myrtle Lloyd
Two of the Commissioners for Her Majesty’s Revenue and Customs
2002 c. 23; section 135 was amended by paragraphs 94 and 95 of Schedule 4 to the Commissioners for Revenue and Customs Act 2005 (c. 11), section 93 of the Finance Act 2007 (c. 11), and S.I. 2011/1043..
The functions of the Commissioners of Inland Revenue under section 136 of the Finance Act 2002 were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5(1) of the Commissioners for Revenue and Customs Act 2005. Section 50(1) of that Act provides that, in so far as is appropriate in consequence of section 5, a reference, howsoever expressed, to the Commissioners of Inland Revenue is to be taken as a reference to the Commissioners for Her Majesty’s Revenue and Customs.
2010 c. 8; Schedule 7A was inserted by paragraph 2 of Schedule 5 to the Finance (No.2) Act 2017 (c. 32).
Paragraph 7 of Schedule 7A was amended by paragraphs 16 and 17 of Schedule 11 to the Finance Act 2019.