Finance (No. 2) Act 2017 (c. 32)

SCHEDULES

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

Modifications etc. (not altering text)

C1 Sch. 17 modified (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by 1994 c. 23, Sch. 9ZA para. 80 (as inserted by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 2 para. 2 (with s. 3(4), Sch. 2 para. 7(7)-(10)); S.I. 2020/1642, reg. 9)

PART 4 U.K. Supplemental

Regulations U.K.

56 (1) Any power of the Treasury or the Commissioners to make regulations under this Schedule is exercisable by statutory instrument. U.K.

(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.

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 U.K.

57 U.K. 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;

• [F1 “reference number” means a reference number allocated under paragraph 22;]

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

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

  (a)

  paragraph 6 (in relation to VAT), or

  (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.

Textual Amendments

F1 Words in Sch. 17 para. 57 substituted (with application in accordance with Sch. 31 paras. 45, 46 of the amending Act) by Finance Act 2021 (c. 26), Sch. 31 paras. 41, 44

Commencement Information

I2 Sch. 17 para. 57 in force at Royal Assent for specified purposes and at 1.1.2018 otherwise, see s. 66(4)