[F1Specified relevant transfer pricing documentsU.K.
Textual Amendments
F1Sch. 36 para. 37C and cross-heading inserted (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 5 para. 6(3)
37C(1)This paragraph applies to an information notice given to a relevant person in an MNE Group (“A”) to the extent that the notice refers to specified relevant transfer pricing documents.U.K.
(2)Paragraph 18 (documents not in person’s possession or power) does not apply in relation to a specified relevant transfer pricing document that—
(a)is not in A’s possession or power, but
(b)is in the power or possession of another relevant person in the MNE Group concerned (“B”),
(and accordingly the information notice may require A to produce the document).
(3)For the purposes of this paragraph—
(a)documents are “specified relevant transfer pricing documents” if—
(i)they are relevant transfer pricing records specified, or of a description specified, in regulations under section 12B of TMA 1970 or paragraph 21 of Schedule 18 to FA 1998 (duties to keep and preserve records), and
(ii)A is required to keep and preserve those records under either or both of those provisions;
(b)“MNE Group” has the same meaning as in the Taxes (Base Erosion and Profit Shifting) (Country-by-Country Reporting) Regulations 2016 (S.I. 2016/237) (see regulation 2(3) of those Regulations);
(c)“relevant person in an MNE Group” means—
(i)a company,
(ii)a trustee of a trust, or
(iii)a partner in a partnership,
where that company, the trustees or the partnership, together with one or more other enterprises, constitutes an MNE Group.]