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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 to provide details of clients

Section 313ZA | Duty to provide details of clients

From legislation.gov.uk

(1)This section applies where a person who is a promoter in relation to notifiable arrangements is providing (or has provided) services to any person (“the client”) in connection with the notifiable arrangements and either—

(a)the promoter is subject to the requirement under section 312(2) to provide to the client prescribed information relating to the reference number allocated to—

(i)the arrangements, or

(ii)any arrangements substantially the same as the arrangements, or

(b)the promoter has failed to comply with section 308(1) or (3) in relation to the notifiable arrangements (or the notifiable proposal for them) but would be subject to that requirement if a reference number had been allocated to—

(i)the notifiable arrangements, or

(ii)any arrangements substantially the same as the arrangements.

(1A)This section also applies where—

(a)a person (“the provider”) is providing (or has provided) services to another person (“the client”) in connection with arrangements or proposed arrangements, and

(b)the provider is subject to the requirement under section 312ZA(2) to provide to the client prescribed information relating to the reference number allocated to—

(i)the arrangements or proposed arrangements, or

(ii)any arrangements substantially the same as the arrangements or proposed arrangements.

(2)Repealed

(3)The promoter or (as the case may be) provider must, within the prescribed period after the end of the relevant period, provide HMRC with prescribed information in relation to the client.

(4)In subsection (3) “the relevant period” means—

(a)in a case within subsection (1), such period as is prescribed and is a period during which the promoter is or would be subject to the requirement mentioned in that subsection;

(b)in a case within subsection (1A), such period as is prescribed and is a period during which the provider is or would be subject to the requirement mentioned in that subsection.

(5)The promoter need not comply with subsection (3) in relation to any notifiable arrangements at any time after HMRC have given notice under section 312(6) in relation to the notifiable arrangements.

(6)The provider need not comply with subsection (3) in relation to any arrangements at any time after HMRC have given notice under section 312ZA(4) in relation to the arrangements.

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