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Income and Corporation Taxes Act 1988, Section 816 is up to date with all changes known to be in force on or before 17 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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M1(1)Where under the law in force in any territory outside the United Kingdom provision is made for the allowance, in respect of the payment of United Kingdom income tax or corporation tax, of relief from tax payable under that law, the obligation as to secrecy imposed by the Tax Acts upon [F1Revenue and Customs officials] shall not prevent the disclosure to the authorised officer of the [F2authorities] of the territory in question of such facts as may be necessary to enable the proper relief to be given under that law.
Section 790(12) shall apply for the interpretation of this subsection as it applies for the interpretation of that section.
(2)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(2ZA)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F5(2A)The obligation as to secrecy imposed by any enactment shall not prevent the Board, or any authorised [F6Revenue and Customs official], from disclosing information required to be disclosed under the Arbitration Convention in pursuance of a request made by an advisory commission set up under that Convention; and “the Arbitration Convention” here has the meaning given by section 815B(4).]
(3)Where a person beneficially entitled to income from any securities as defined by section 24 of the Management Act (information as to income from securities) is resident in a territory to which arrangements having effect under section 788 with respect to income tax or corporation tax relate, section 24(3) of that Act shall not exempt any bank [F7(within the meaning of that subsection)] from the duty of disclosing to the Board particulars relating to the income of that person.
[F8(3A)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(4)The obligation as to secrecy imposed by any enactments with regard to income tax or corporation tax shall not prevent the disclosure, to any authorised officer of any country to which a declaration made under section 514 of the 1970 Act (agreements about shipping etc.) relates, of such facts as may be necessary to enable relief to be duly given in accordance with the arrangements specified in the declaration.
[F10(5)In this section “Revenue and Customs official” has the same meaning as in section 18 of the Commissioners for Revenue and Customs Act 2005 (confidentiality).]
Textual Amendments
F1Words in s. 816(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 37(a); S.I. 2005/1126, art. 2(2)(h)
F2Word in s. 816(1) substituted (with effect in accordance with s. 88(3) of the amending Act) by Finance Act 2002 (c. 23), s. 88(2)(c)
F3S. 816(2)(2ZA) repealed (19.7.2006) by Finance Act 2006 (c. 25), Sch. 26 Pt. 8(2)
F4S. 816(2ZA) inserted (28.7.2000) by Finance Act 2000 (c. 17), s. 146(2)
F5S. 816(2A) inserted (16.7.1992) by Finance (No. 2) Act 1992 (c. 48), s. 51(2)
F6Words in s. 816(2)(2ZA)(2A) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 37(b); S.I. 2005/1126, art. 2(2)(h)
F7Words in s. 816(3) inserted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 202(a) (with Sch. 2)
F8S. 816(3A) inserted (with effect in accordance with Sch. 37 para. 9 of the amending Act) by Finance Act 1996 (c. 8), Sch. 37 para. 2(1)(2)(d)
F9S. 816(3A) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 202(b), Sch. 3 Pt. 1 (with Sch. 2)
F10S. 816(5) added (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 37(c); S.I. 2005/1126, art. 2(2)(h)
Modifications etc. (not altering text)
C1 See 1979(C) s.10(4)—application to capital gains tax.
S. 816 applied (6.3.1992 with effect as mentioned in s. 289(1)(2) of the amending Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 277(4), 289 (with ss. 60, 101(1), 171, 201(3))
S. 816 applied (27.7.1993) by 1993 c. 34, s. 194(5)
Marginal Citations
M1Source—1970 s.518; 1972 s.100(1)
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