Part 6Miscellaneous and supplementary provisions
Recovery of taxes etc due in other member States
C1134 Recovery of taxes etc due in other member States
1
Schedule 39 to this Act has effect with respect to the recovery in the United Kingdom of amounts in respect of which a request for enforcement has been made in accordance with the Mutual Assistance Recovery Directive by an authority in another member State.
2
The “Mutual Assistance Recovery Directive” means Council Directive 76/308/EEC, as amended by
F3a
Council Directive 2001/44/EC
F2b
the Act of Accession 2003.
F12A
In subsection (2) “the Act of Accession 2003” means the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.
3
No obligation of secrecy imposed by statute or otherwise precludes a tax authority in the United Kingdom—
a
from disclosing information to another tax authority in the United Kingdom in connection with a request for enforcement made by the competent authority of another member State;
b
from disclosing information that is required to be disclosed to the competent authority of another member State by virtue of the Mutual Assistance Recovery Directive;
c
from disclosing information for the purposes of a request made by the tax authority under that Directive for the enforcement in another member State of an amount claimed by the authority in the United Kingdom.
4
In subsection (3) “tax authority in the United Kingdom” means—
a
the Commissioners of Customs and Excise,
b
the Commissioners of Inland Revenue, or
c
in relation to agricultural levies of the European Community within the meaning of section 6 of the European Communities Act 1972 (c. 72), any relevant Minister within the meaning of that section.
5
Subsection (3)(a) does not apply in relation to disclosure by the Commissioners of Inland Revenue to a relevant Minister.
6
The Treasury may by regulations make such provision as appears to them appropriate for the purpose of giving effect to any future amendments of the Mutual Assistance Recovery Directive.
The regulations may amend, replace or repeal any of the provisions of subsections (1) to (4) above or of Schedule 39.
7
Regulations under subsection (6) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.