The Indirect Taxes (Disclosure of Avoidance Schemes) Regulations 2017

Paragraphs 11(1), 12(1), 17(2) and 18(2) of the Schedule – duties on promoters and others

7.—(1) For the purposes of paragraphs 11(1), 12(1), 17(2) and 18(2) of the Schedule, the prescribed information is—

(a) the particular information in paragraph (2);

(b) the additional information in paragraph (3), if applicable; and

(c) other information as might reasonably be expected to enable an officer of HMRC to comprehend the manner in which the notifiable proposal or notifiable arrangement is intended to operate.

(2) The particular information referred to in paragraph (1) means—

(a) the name and address of the promoter but, where paragraph 18(2) of the Schedule applies, only to the extent that information is known to the person described in paragraph 18(1) of the Schedule;

(b) details of each provision of the Indirect Taxes (Notifiable Arrangements) Regulations 2017(1) by virtue of which the proposal for arrangements or the arrangement is a notifiable proposal or a notifiable arrangement;

(c) a summary of the notifiable proposal or notifiable arrangement and any name by which it is known;

(d) information which explains each element of the notifiable proposal or notifiable arrangement from which the tax advantage expected to be obtained arises; and

(e) details of the statutory provisions on which that expected tax advantage is based.

(3) The additional information referred to in paragraph (1) means—

(a) where paragraph 17(2) of the Schedule applies, the name and address of the person described in paragraph 17(1) of the Schedule;

(b) where paragraph 18(2) of the Schedule applies, the name and address of the person described in paragraph 18(1) of the Schedule.

(4) Where—

(a) paragraph 17(2) or 18(2) of the Schedule applies;

(b) but for this paragraph, a person would be required to provide prescribed information in relation to two or more notifiable proposals or notifiable arrangements;

(c) those notifiable proposals or notifiable arrangements are substantially the same (whether or not they relate to the same parties); and

(d) the person provides the prescribed information in relation to at least one of the notifiable proposals or notifiable arrangements,

the person is not required to provide that information in relation to the other notifiable proposals or notifiable arrangements.

(1)

S.I. 2017/1216.