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The Tax Avoidance Schemes (Information) Regulations 2012

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Prescribed information under section 313(1)

This section has no associated Explanatory Memorandum

11.—(1) For the purposes of section 313(1) (duty of parties to notifiable arrangements to notify Board of number, etc) the prescribed information is that specified in whichever of paragraph (2), (3) or (4) is applicable.

(2) In cases prescribed in regulation 9 the prescribed information is—

(a)the reference number (or if more than one, any one reference number) allocated by HMRC under section 311 to the notifiable arrangements or proposed notifiable arrangements; and

(b)the year of assessment, tax year or accounting period (as the case may be) in which, or the date on which, the person providing the information expects a tax advantage to be obtained.

(3) In the cases prescribed in regulation 10 (apart from paragraph (2)) the prescribed information is—

(a)the name and address of the person providing it;

(b)any National Insurance number, tax reference number, PAYE reference number or other personal identifier allocated by HMRC to the person to whom the information relates;

(c)the reference number (or if more than one, any one reference number) allocated by HMRC under section 311 to the notifiable arrangements or proposed notifiable arrangements;

(d)the year of assessment, tax year or accounting period (as the case may be) in which, or the date on which, the person providing the information or, in the case of regulation 10(4), an employee of that person, expects to obtain a tax advantage by virtue of the notifiable arrangements;

(e)the name of the person providing the declaration as to the accuracy and completeness of the notification; and

(f)the capacity in which the person mentioned in sub-paragraph (e) is acting.

(4) In the case prescribed at regulation 10(2) the prescribed information is —

(a)the name and address of the purchaser;

(b)the reference number (or if more than one, any one reference number) allocated by HMRC under section 311 to the notifiable arrangements or proposed notifiable arrangements;

(c)the address of the property forming the subject of the arrangements (“the property”);

(d)the title number of the property (if any is allocated);

(e)the unique transaction reference number(1)(if a land transaction return has been submitted to HMRC at the time the prescribed information is provided);

(f)the market value of the property, taking into account all chargeable interests in the property held by the same person or connected persons;

(g)the effective date of the first land transaction which forms part of the arrangements;

(h)the name of the person providing the declaration as to the accuracy and completeness of the notification; and

(i)the capacity in which that person is acting.

(1)

The unique transaction reference number is found, for a paper return, in the “Reference” box attached to the payslip on the Land Transaction Return (Form SDLT 1) referred to in Part 1 of Schedule 2 to S.I. 2003/2387 or, for an electronic return, on the electronic SDLT submission receipt.

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