The Tax Avoidance Schemes (Information) Regulations 2012

Prescribed cases under section 313(3)(b)

10.—(1) The prescribed cases for the purposes of section 313(3)(b) (cases in which the information is to be provided separately) are as follows.

(2) In a case where a purchaser expects an advantage to arise in respect of that person’s liability to pay, entitlement to a repayment of, or to a deferment of the liability to pay stamp duty land tax as a result of notifiable arrangements the prescribed information shall be provided separately to HMRC in such form and manner as they may specify.

(3) If paragraph (2) applies in relation to a land transaction entered into as purchaser by or on behalf of a partnership notification of the prescribed information by or in relation to the responsible partners may instead be done by or in relation to a representative partner or partners.

(4) In the case of a person who is the employer of an employee, by reason of whose employment a tax advantage is expected to arise to any person in respect of income tax, corporation tax or capital gains tax as a result of notifiable arrangements, the prescribed information shall be provided separately to HMRC in such form and manner as they may specify.

(5) In the case of a person who would be obliged to comply with a duty under regulation 9(2) to (4), but is not required, in respect of a year of assessment, accounting period or tax year—

(a) in the case of notifiable arrangements to which regulation 9(2) applies, to make a return under either of the provisions referred to in regulation 9(2)(b);

(b) in the case of notifiable arrangements to which regulation 9(3) applies, to make a return under the provision referred to in regulation 9(3)(b); or

(c) in the case of notifiable arrangements to which regulation 9(4) applies, to make a return under the provision referred to in regulation 9(4)(b);

the prescribed information shall be provided separately to HMRC in such form and manner as they may specify.

(6) In the case of a person who—

(a) expects an advantage to arise in respect of that person’s liability to pay, entitlement to a repayment of, or to a deferment of the liability to pay inheritance tax as a result of notifiable arrangements; and

(b) is not required to make a return to HMRC under section 216 of the Inheritance Tax Act 1984 in respect of a transaction forming part of the notifiable arrangements within a period of 12 months from the end of the month in which the first transaction forming part of the arrangements is entered into,

the prescribed information shall be provided separately to HMRC in such form and manner as they may specify.

(7) In a case of a person who would, but for this paragraph, be obliged to comply with a duty under regulation 9 and—

(a) the relevant return is not delivered by the filing date; or

(b) the relevant return is delivered by the filing date but does not include the prescribed information;

the prescribed information shall be provided separately to HMRC in such form and manner as they may specify.

(8) In a case where—

(a) a person is required to provide information relating to more than one reference number;

(b) the information is included in a return under regulation 9; and

(c) the number of reference numbers in relation to which information is required exceeds the number of spaces allocated to the information on the return form;

the information relating to so many of the reference numbers as exceeds the number of allocated spaces shall be provided separately to HMRC in such form and manner as they may specify.

(9) In addition to the duty under any other paragraph above, or regulation 9, in a case where the arrangements give rise to a claim submitted separately from the return under—

(a) section 261B of the Taxation of Chargeable Gains Act 1992(1) (treating trade loss etc as CGT loss); or

(b) Part 4 of the Income Tax Act 2007(2) (loss relief);

the prescribed information shall be provided separately to HMRC in such form and manner as they may specify.

(1)

1992 c. 12. Section 261B was inserted by paragraph 329 of Schedule 1 to the Income Tax Act 2007 (c. 3).

(2)

2007 c. 3.