Finance Act 2018

Registration

17 (1) Section 47 (registration) is amended as follows.

(2) In subsections (2)(a), (5) and (6), after “taxable activities” insert “at a landfill site”.

(3) After subsection (3) insert—

“(3A) A registered person who forms the intention of carrying out taxable activities elsewhere than at a landfill site shall notify the Commissioners of that intention.”

(4) After subsection (5) insert—

“(5A) Where a person who is not registered carries out taxable activities elsewhere than at a landfill site, the Commissioners may register the person with effect from the date when the person begins carrying out those activities.

(5B) Subsections (2) to (5A) do not apply to a person within subsection (6) of section 41 who, but for that subsection, would not be treated as carrying out taxable activities.”

(5) In subsection (6), for “a person” substitute “a registered person”.

(6) For subsection (9) substitute—

“(9) For the purposes of this section regulations may make—

(a) provision as to the time within which a notification is to be made (including provision enabling the Commissioners to grant an extension of time);

(b) provision as to the form and manner in which any notification is to be made and as to the information to be contained in or provided with it;

(c) provision as to the criteria that the Commissioners are to apply in deciding whether to register a person under subsection (5A);

(d) provision under which, in prescribed circumstances, taxable activities at a site within subsection (9B) may, on a provisional or conditional basis, be treated as carried out at a landfill site;

(e) provision requiring a person who has made a notification to notify the Commissioners if any information contained in or provided in connection with it is or becomes inaccurate;

(f) provision as to the correction of entries in the register (including provision for a person provisionally or conditionally registered by virtue of paragraph (d) to be treated, in prescribed circumstances, as never having been so registered).

(9A) Provision made by regulations under subsection (9)(c) may be supplemented by provision made by notice published by the Commissioners in accordance with the regulations.

(9B) A site is within this subsection if—

(a) it is not a landfill site, or

(b) it not known at the relevant time whether it is a landfill site or not.”

(7) For subsection (10) substitute—

“(10) In this Part—

• “registered person” means—

  (a)

  a person registered under subsection (5) or (5A), and

  (b)

  a person who was registered under this section before the passing of FA 2018 and who remains registered;

• “registrable person” means a person who carries out taxable activities (whether registered or not), excluding a person within subsection (6) of section 41 who, but for that subsection, would not be treated as carrying out taxable activities.”