SCHEDULES
SCHEDULE 33Licensing authorities: requirements to give or obtain tax information
First-time application: licensing authority required to give information about tax compliance
2
1
Sub-paragraph (2) applies where—
a
an individual or company applies to a licensing authority for an authorisation, and
b
the application is a first-time application.
2
The licensing authority may not consider the application until it has—
a
drawn the applicant's attention to such guidance relating to tax compliance as is for the time being specified for the purposes of this paragraph by the HMRC Commissioners,
b
obtained confirmation from the applicant that the applicant is aware of the contents of that guidance, and
c
drawn the applicant's attention to the powers of officers of HMRC to obtain information from the licensing authority about the applicant arising under—
i
Schedule 36 to FA 2008 (information and inspection powers), and
ii
Schedule 23 to FA 2011 (data-gathering powers).
3
For the purposes of this Schedule an application for an authorisation is a “first-time” application if the applicant—
a
has not previously been granted a relevant authorisation, or
b
has previously been granted a relevant authorisation, but no relevant authorisation has been in effect in relation to the person for a period of one year ending with the date on which the application is made.
4
For the purposes of sub-paragraph (3) an authorisation is “relevant” if—
a
it is the authorisation to which the application in question relates, or
b
it is in the same category as that authorisation.