SCHEDULES

SCHEDULE 17Disclosure of tax avoidance schemes: VAT and other indirect taxes

PART 4Supplemental

Regulations

I156

1

Any power of the Treasury or the Commissioners to make regulations under this Schedule is exercisable by statutory instrument.

2

Regulations made under any such power may make different provision for different cases and may contain transitional provisions and savings.

3

A statutory instrument containing regulations made by the Treasury under paragraph 2(2) or 42(1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.

4

Any other statutory instrument containing regulations made under this Schedule, if made without a draft having been approved by a resolution of the House of Commons, is subject to annulment in pursuance of a resolution of the House of Commons.

Annotations:
Commencement Information
I1

Sch. 17 para. 56 in force at Royal Assent for specified purposes and at 1.1.2018 otherwise, see s. 66(4)

Interpretation

I257

In this Schedule—

  • “arrangements” includes any scheme, transaction or series of transactions;

  • “the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

  • “company” has the meaning given by section 1121 of the Corporation Tax Act 2010;

  • “HMRC” means Her Majesty's Revenue and Customs;

  • “indirect tax” has the meaning given by paragraph 2(1);

  • “introducer” is to be construed in accordance with paragraph 9;

  • “makes a firm approach” has the meaning given by paragraph 10(1);

  • “makes a marketing contact” has the meaning given by paragraph 10(2);

  • “marketing contact” has the meaning give by paragraph 10(2);

  • “notifiable arrangements” has the meaning given by paragraph 3(1);

  • “notifiable proposal” has the meaning given by paragraph 3(3);

  • “prescribed” (except in or in references to paragraph 3(1)(a)), means prescribed by regulations made by HMRC;

  • “promoter” is to be construed in accordance with paragraph 8;

  • “reference number”, in relation to notifiable arrangements, has the meaning given by paragraph 22(4);

  • “TCEA 2007” means the Tribunals, Courts and Enforcement Act 2007;

  • “tax advantage” means a tax advantage within the meaning of—

    1. a

      paragraph 6 (in relation to VAT), or

    2. b

      paragraph 7 (in relation to indirect taxes other than VAT);

  • “trade” includes every venture in the nature of a trade;

  • “tribunal” means the First-tier tribunal, or where determined by or under Tribunal Procedure Rules, the Upper Tribunal;

  • “working day” means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.