F1PART 5BTax relief for social investments
CHAPTER 8Withdrawal or reduction of SI relief: procedure
Information
257SIConfidentiality
1
Section 18(1) of the Commissioners for Revenue and Customs Act 2005 does not prevent an officer of Revenue and Customs from disclosing to the social enterprise that SI relief has been obtained or claimed in respect of a particular number or proportion of any investments in it.
2
Section 18(1) of the Commissioners for Revenue and Customs Act 2005 does not prevent—
a
disclosure to the Regulator of Community Interest Companies for the purposes of the Regulator's functions,
b
disclosure to a Minister of the Crown for the purposes of functions of a Minister of the Crown under sections 257JD to 257JG, or
c
disclosure to a person for the purposes of functions delegated to the person under section 257JH(1).
3
Information disclosed in reliance on subsection (2) may not be further disclosed except—
a
with the consent of the Commissioners for Her Majesty's Revenue and Customs, or
b
if the disclosure is required by an enactment.
4
Information originally disclosed in reliance on subsection (2)(a) may be disclosed in reliance on subsection (3)(a) only for the purposes of the Regulator's functions.
5
Information originally disclosed in reliance on subsection (2)(b) or (c) may be disclosed in reliance on subsection (3)(a) only for the purposes of—
a
functions of a Minister of the Crown under sections 257JD to 257JG, or
b
functions delegated to a person under section 257JH(1).
6
If, in contravention of subsections (3) to (5), any revenue and customs information relating to a person is disclosed and the identity of the person—
a
is specified in the disclosure, or
b
can be deduced from it,
section 19 of the Commissioners for Revenue and Customs Act 2005 (offence of wrongful disclosure) applies as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.
7
In subsection (6) “revenue and customs information relating to a person” has the meaning given by section 19(2) of that Act.
8
Subject to subsections (3) and (5), no obligation as to confidentiality or other restriction on disclosure, whether imposed by an enactment or otherwise, prevents disclosure of relevant information—
a
to a Minister of the Crown for the purposes of functions of a Minister of the Crown under sections 257JD to 257JG,
b
to a person for the purposes of functions delegated to the person under section 257JH(1), or
c
to an officer of Revenue and Customs for the purpose of assisting Her Majesty's Revenue and Customs to discharge their functions under the Income Tax Acts so far as relating to matters arising under this Part.
9
In subsection (8) “relevant information” means information obtained—
a
by a Minister of the Crown, or
b
by a person to whom functions have been delegated under section 257JH(1),
in the course of discharging functions under sections 257JD to 257JG.
10
In this section “Minister of the Crown” has the meaning given by section 8(1) of the Ministers of the Crown Act 1975.
Pt. 5B inserted (17.7.2014) by Finance Act 2014 (c. 26), Sch. 11 para. 1