Statutory Instruments
2023 No. 473
Taxes
The Indirect Taxes (Notifiable Arrangements) (Amendment) Regulations 2023
Made
26th April 2023
Laid before the House of Commons
28th April 2023
Coming into force
1st June 2023
The Treasury make these Regulations in exercise of the powers conferred by paragraphs 3(1)(a) and 56(2) of Schedule 17 to the Finance (No. 2) Act 2017( 1 ).
Citation and commencement
1. These Regulations may be cited as the Indirect Taxes (Notifiable Arrangements) (Amendment) Regulations 2023 and come into force on 1st June 2023.
Amendment of the Indirect Taxes (Notifiable Arrangements) Regulations 2017
2.The Indirect Taxes (Notifiable Arrangements) Regulations 2017( 2 ) are amended as follows.
3. In regulation 5(5) (offshore supplies – insurance and finance)—
(a) at the end of sub-paragraph (b), omit “or”;
(b) at the end of sub-paragraph (c), for “suppliers.” substitute “suppliers; or” ; and
(c) after that sub-paragraph insert—
“ (d) would otherwise fall to be disregarded by virtue of section 43(1)(a) of the Value Added Tax Act 1994 ( 3 ) . ” .
4. In regulation 6(6) (offshore supplies – relevant business persons)—
(a) at the end of sub-paragraph (b), omit “or”;
(b) at the end of sub-paragraph (c), for “suppliers.” substitute “suppliers; or” ; and
(c) after that sub-paragraph insert—
“ (d) would otherwise fall to be disregarded by virtue of section 43(1)(a) of the Value Added Tax Act 1994. ” .
Transitional provision
5. —(1) The amendments made by these Regulations do not apply in any case where, in relation to arrangements which fall within the description prescribed by regulations 5 or 6 of the Indirect Taxes (Notifiable Arrangements) Regulations 2017, the material date (as defined in regulation 2 of those Regulations) is before the date on which these Regulations come into force.
(2) For the purposes of paragraph 21A of Schedule 17( 4 ) to the Finance (No. 2) Act 2017 (“ the Schedule ”), the amendments made by these Regulations do not apply in relation to transactions entered into, firm approaches made, and proposals that are made available for implementation, before the date on which these Regulations come into force.
(3) For the purposes of paragraph 23A of the Schedule( 5 ), the amendments made by these Regulations do not apply in relation to cases where the person referred to in that provision is providing or has provided services to the client in connection with the arrangements or proposed arrangements and began to do so before the date on which these Regulations come into force.
(4) For the purposes of paragraph 36(1)(c) of the Schedule( 6 ), the amendments made by these Regulations do not apply in relation to cases where the person referred to in that provision is or has been involved in the supply of the arrangements or proposed arrangements and began to be so involved before the date on which these Regulations come into force.
Scott Mann
Steve Double
Two of the Lords Commissioners of His Majesty’s Treasury
26th April 2023
2017 c. 32 . Schedule 17 was amended by paragraph 131 of Schedule 8 to the Taxation (Cross-border Trade) Act 2018 (c. 22) and paragraph 7 of Schedule 15 and paragraphs 19 to 41 of Schedule 31 to the Finance Act 2021 (c. 26) .
S.I. 2017/1216 . Regulations 5 and 6 were amended by S.I. 2019/59 .
1994 c. 23 . Section 43(1) was amended by section 25(2) of the Finance Act 1995 (c. 4) , section 20(3) of the Finance Act 2004 (c. 12) , paragraph 46(2) of Schedule 8 to the Taxation (Cross-border Trade) Act 2018 and paragraph 5(2) of Schedule 18 to the Finance Act 2019 (c. 1) .
Paragraph 21A was inserted by paragraph 22 of Schedule 31 to the Finance Act 2021.
Paragraph 23A was inserted by paragraph 26 of Schedule 31 to the Finance Act 2021.
Paragraph 36(1) was substituted by paragraph 37(2) of Schedule 31 to the Finance Act 2021.