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There are currently no known outstanding effects for the The International Tax Compliance Regulations 2015, Section 12C.
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12C.—(1) A specified relevant person must identify all of that person’s specified clients.
(2) In order to identify its specified clients, a specified relevant person must use either—
(a)the specific approach set out in paragraphs (3) and (4), or
(b)the general approach set out in paragraphs (5) and (6).
(3) An individual is a specified client of a specified relevant person under the specific approach if—
(a)at any time in the relevant period, the specified relevant person has—
(i)provided the individual with offshore advice or services relating to the individual’s personal tax affairs, or
(ii)referred the individual to a connected person outside the United Kingdom for the provision of such advice or services, and
(b)paragraph (4) does not apply to the individual.
(4) This paragraph applies to an individual if—
(a)the specified relevant person reasonably believes that the individual was not resident in the United Kingdom for income tax purposes for the tax year 2015-16 and will not be so resident for the tax year 2016-17,
(b)on 30th September 2016 the specified relevant person has no reasonable expectation of providing further advice or services to the individual, or
(c)the specified relevant person has prepared and delivered, or reasonably expects to prepare and deliver, a return under section 8 of TMA 1970 on behalf of the individual disclosing the effect of the offshore advice or services referred to in paragraph (3)(a).
(5) An individual is a specified client of a specified relevant person under the general approach if—
(a)the specified relevant person has provided the individual with any advice or services relating to the individual’s personal tax affairs in the relevant period, and
(b)paragraph (6) does not apply to the individual.
(6) This paragraph applies to an individual if—
(a)the specified relevant person reasonably believes that the individual was not resident in the United Kingdom for income tax purposes for the tax year 2015-16 and will not be so resident for the tax year 2016-17, or
(b)on 30th September 2016 the specified relevant person has no reasonable expectation of providing further advice or services to the individual.
(7) A specified relevant person may choose to exclude an individual from being a specified client under the general approach if the specified relevant person has prepared and delivered, or reasonably expects to prepare and deliver, a return under section 8 of TMA 1970 on behalf of the individual in respect of the tax year to which the advice or services relate.]
Textual Amendments
F1Regs. 12A-12F and cross-heading inserted (30.9.2016) by The International Tax Compliance (Client Notification) Regulations 2016 (S.I. 2016/899), regs. 1, 3
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