PART 1Income tax, corporation tax and capital gains tax
CHAPTER 2Income tax: general
Other provisions
18Employment intermediaries: information powers and related penalties
1
After section 716A of ITEPA 2003 insert—
Employment intermediaries: information powers
716BEmployment intermediaries to keep, preserve and provide information etc
1
For purposes connected with Chapter 7 of Part 2 (treatment of workers supplied by agencies) or Part 11 (PAYE), the Commissioners for Her Majesty's Revenue and Customs may by regulations make provision for, or in connection with, requiring a specified employment intermediary—
a
to keep and preserve specified information, records or documents for a specified period;
b
to provide Her Majesty's Revenue and Customs with specified information, records or documents within a specified period or at specified times.
2
An “employment intermediary” is a person who makes arrangements under or in consequence of which—
a
an individual works, or is to work, for a third person, or
b
an individual is, or is to be, remunerated for work done for a third person.
3
For the purposes of subsection (2), an individual works for a person if—
a
the individual performs any duties of an employment for that person (whether or not the individual is employed by that person), or
b
the individual provides, or is involved in the provision of, a service to that person.
4
In subsection (1) “specified” means specified or described in regulations made under this section.
5
Regulations under this section may—
a
make different provision for different cases or different purposes, and
b
make incidental, consequential, supplementary or transitional provision or savings.
I12
Section 98 of TMA 1970 (penalties: special returns etc) is amended as follows.
I13
After subsection (4E) insert—
4F
If a person fails to furnish any information or produce any document or record in accordance with regulations under section 716B of ITEPA 2003, subsection (1) has effect as if—
a
for “£300” there were substituted
“ £3,000 ”, andb
for “£60” there were substituted
“ £600 ”.
I14
In the second column of the Table, at the appropriate place insert “
Regulations under section 716B of ITEPA 2003.
”
.
5
The amendments made subsections (2) to (4) have effect from such day as the Treasury may appoint by order made by statutory instrument.