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Contents

Legislation
Finance Act 2004

Part 7 Disclosure of tax avoidance schemes

  • Section 305A Introduction
  • Section 306 Meaning of “notifiable arrangements” and “notifiable proposal”
  • Section 306A Doubt as to notifiability
  • Section 307 Meaning of “promoter”
  • Section 308 Duties of promoter
  • Section 308A Supplemental information
  • Section 309 Duty of person dealing with promoter outside United Kingdom
  • Section 310 Duty of parties to notifiable arrangements not involving promoter
  • Section 310A Duty to provide further information requested by HMRC
  • Section 310B Failure to provide information under section 310A: application to the Tribunal
  • Section 310C Duty of promoters to provide updated information
  • Section 310D Notice of potential allocation of reference number: arrangements and proposals suspected of being notifiable
  • Section 311 Allocation of reference number to arrangements
  • Section 311A Duty of HMRC to notify persons of reference number
  • Section 311B Right of appeal: section 311(3) case
  • Section 311C Duty to provide further information requested by HMRC: section 311(3) case
  • Section 312 Duty of promoter to notify client of number : section 311(2) case
  • Section 312ZA Duty to notify client of reference number: section 311(3) case
  • Section 312A Duty of client to notify parties of number
  • Section 312B Duty of client to provide information ...
  • Section 313 Duty of parties to notify HMRC of reference number etc
  • Section 313ZA Duty to provide details of clients
  • Section 313ZB Enquiry following disclosure of client details
  • Section 313ZC Duty of employer to notify HMRC of details of employees etc
  • Section 313A Pre-disclosure enquiry
  • Section 313B Reasons for non-disclosure: supporting information
  • Section 313C Provision of information to HMRC by introducers
  • Section 314 Legal professional privilege
  • Section 314A Order to disclose
  • Section 315 Penalties
  • Section 315A Further penalties
  • Section 315B Determination of penalties
  • Section 315C Failure to comply with time limit
  • Section 315D Other exemptions from liability to a penalty
  • Section 315E Regulations to vary amounts
  • Section 316 Information to be provided in form and manner specified by HMRC
  • Section 316A Duty to provide additional information
  • Section 316B Confidentiality
  • Section 316C Publication by HMRC
  • Section 316D Section 316C: subsequent judicial rulings
  • Section 317 Regulations under Part 7
  • Section 317A Special Commissioners: procedure
  • Section 318 Interpretation of Part 7
  • Section 319 Part 7: commencement and savings
  1. Part 7 · Disclosure of tax avoidance schemes
  2. Duty of parties to notify HMRC of reference number etc

Section 313 | Duty of parties to notify HMRC of reference number etc

From legislation.gov.uk

(1)Any person who is a party to any ... arrangements must provide the Board with prescribed information relating to—

(a)any reference number notified to him ..., and

(b)the time when he obtains or expects to obtain by virtue of the arrangements an advantage in relation to any relevant tax.

(2)For the purposes of subsection (1) a tax is a “relevant tax” in relation to arrangements of any description if it is prescribed in relation to arrangements of that description by regulations under section 306.

(3)Regulations made by HMRC may—

(a)in prescribed cases, require the information prescribed under subsection (1) to be included in any return or account which the person is required by or under any enactment to deliver to the Board, and

(b)in prescribed cases, require the information prescribed under subsection (1) and such other information as is prescribed to be provided separately to the Board at the prescribed time or times.

(4)A person is not liable to a penalty under—

(a)any provision relating to incorrect or uncorrected returns made under section 98 of the Finance Act 1986 (administration of stamp duty reserve tax),

(b)Schedule 24 to the Finance Act 2007 (penalties for errors), or

(c)any other prescribed provision,

by reason of any failure to include in any return or account any reference number or other information required by virtue of subsection (3)(a) (but see section 315 for the penalty for failure to comply with this section).

(5)HMRC may give notice that, in relation to ... arrangements specified in the notice, persons are not under the duty under subsection (1) after the date specified in the notice.

(6)The duty under subsection (1) does not apply in prescribed circumstances.

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