Textual Amendments
F1Pt. 5A inserted (17.7.2012) (with effect in accordance with Sch. 6 para. 24(1) of the amending Act) by Finance Act 2012 (c. 14), Sch. 6 para. 1
Modifications etc. (not altering text)
C1Pt. 5A applied by Taxation of Chargeable Gains Act 1992 (c. 12), Sch. 5BB para. 8(4) (as inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 6 para. 5)
(1)Subsection (2) applies if SEIS relief is claimed in respect of shares in a company, and an officer of Revenue and Customs has reason to believe that it may not be due because of any such arrangements or scheme as is mentioned in—
(a)section 257BC (no related investment arrangements),
(b)section 257BE or 257DB(2) or (4) (no tax avoidance),
(c)section 257CD(1) (no pre-arranged exits),
(d)section 257CF (no disqualifying arrangements),
(e)section 257DB(4) (winding up, administration etc), or
(f)section 257DG(1) or (2) (conditions ceasing to be met).
(2)The officer may by notice require any person concerned to supply the officer within such time as may be specified in the notice with—
(a)a declaration in writing stating whether or not, according to the information which that person has or can reasonably obtain, any such arrangement or scheme exists or has existed, and
(b)such other information as the officer may reasonably require for the purposes of the provision in question and as that person has or can reasonably obtain.
(3)The period specified in a notice under subsection (2) must be at least 60 days.
(4)For the purposes of subsection (2), in a case falling within a provision listed in column 1 of the following table, the person concerned is given by the corresponding entry in column 2 of the table.
| Provision | The person concerned |
|---|---|
| Subsection (1)(a) | The claimant, the company and any person controlling the company |
| Subsection (1)(b) | The claimant |
| Subsection (1)(c) | The claimant, the company and any person connected with the company |
| Subsection (1)(d) | The claimant, the company, any person controlling the company and any person who an officer of Revenue and Customs has reason to believe may be a party to the arrangements in question |
| Subsection (1)(e) | The claimant, the company, any other company in question and any person controlling the company or any other company in question |
| Subsection (1)(f) | The company and any person controlling the company |
References in this subsection to the claimant include references to any person to whom the claimant appears to have made such a transfer as is mentioned in section 257H (spouses or civil partners) of any of the shares in question.
(5)If SEIS relief has been obtained in respect of shares in a company—
(a)any person who receives from the company any payment or asset which may constitute value received (by the person or another) for the purposes of section 257FE, and
(b)any person on whose behalf such a payment or asset is received,
must, if so required by an officer of Revenue and Customs, state whether the payment or asset so received is received on behalf of any other person and, if so, the name and address of that other person.
(6)If SEIS relief has been claimed in respect of shares in a company—
(a)any person who holds or has held shares in the company, and
(b)any person on whose behalf any such shares are or were held,
must, if so required by an officer of Revenue and Customs, state whether the shares so held are or were held on behalf of any other person and, if so, the name and address of that other person.]