|
| |
|
(a) | in sub-paragraph (4), after “section 55” insert “or Schedule 6B”, and |
| |
(b) | in sub-paragraph (5), after “section” insert “or Schedule”. |
| |
7 | In paragraph 12(2A) of Schedule 10 to that Act (notice of enquiry into |
| |
return), for “or 81A (return or further return in consequence of later linked |
| |
transaction)” substitute “, 81A (return or further return in consequence of |
| 5 |
later linked transaction) or paragraph 6 of Schedule 6B (adjustment for |
| |
change of circumstances)”. |
| |
8 | In paragraphs 11(2C) and 19(2C) of Schedule 15 to that Act (partnerships), in |
| |
the substituted sub-paragraph (4), for “as it has” substitute “or Schedule 6B |
| |
| 10 |
| |
9 (1) | The amendments made by this Schedule have effect in relation to relevant |
| |
| |
(a) | have an effective date on or after the day on which this Act is passed |
| |
(“the commencement day”), and |
| 15 |
(b) | satisfy sub-paragraph (2). |
| |
(2) | A relevant transaction satisfies this sub-paragraph if— |
| |
(a) | it is not linked to a land transaction with an effective date before the |
| |
commencement day (a “pre-commencement transaction”), or |
| |
(b) | the only pre-commencement transaction to which it is linked is— |
| 20 |
(i) | an option binding the grantor to enter into the relevant |
| |
| |
(ii) | a right of pre-emption restricting the right of the grantor to |
| |
| |
| 25 |
| |
| |
| |
| |
| |
1 (1) | An officer of Revenue and Customs may by notice in writing require a |
| 30 |
relevant data-holder to provide relevant data. |
| |
(2) | Part 2 of this Schedule sets out who is a relevant data-holder. |
| |
(3) | In relation to a relevant data-holder, “relevant data” means data of a kind |
| |
specified for that type of data-holder in regulations made by the Treasury. |
| |
(4) | The data that a relevant data-holder may be required to provide— |
| 35 |
(a) | may be general data or data relating to particular persons or matters, |
| |
| |
(b) | may include personal data (such as names and addresses of |
| |
| |
|
| |
|
| |
|
(5) | A notice under this paragraph is referred to as a data-holder notice. |
| |
| |
2 (1) | The power in paragraph 1(1) is exercisable to assist with the efficient and |
| |
effective discharge of HMRC’s tax functions— |
| |
(a) | whether a particular function or more generally, and |
| 5 |
(b) | whether involving a particular taxpayer or taxpayers generally. |
| |
(2) | It is additional to and is not limited by other powers that HMRC may have |
| |
to obtain data (for example, in Schedule 36 to FA 2008). |
| |
(3) | But it may not be used (in place of the power in paragraph 1 of that Schedule) |
| |
to obtain data required for the purpose of checking the relevant data- |
| 10 |
holder’s own tax position. |
| |
(4) | Sub-paragraph (3) does not prevent use of the power in paragraph 1(1) of |
| |
this Schedule to obtain data about a matter mentioned in paragraph 14(3)(a) |
| |
(beneficial ownership of certain payments etc). |
| |
(5) | Nothing in this paragraph limits the use that may be made of data that have |
| 15 |
been obtained under this Schedule (see section 17(1) of CRCA 2005). |
| |
| |
3 (1) | A data-holder notice must specify the relevant data to be provided. |
| |
(2) | Relevant data may not be specified in a data-holder notice unless an officer |
| |
of Revenue and Customs has reason to believe that the data could have a |
| 20 |
bearing on chargeable or other periods ending on or after the applicable day. |
| |
(3) | The applicable day is the first day of the period of 4 years ending with the |
| |
day on which the notice is given. |
| |
| |
4 (1) | Relevant data specified in a data-holder notice must be provided by such |
| 25 |
means and in such form as is reasonably specified in the notice. |
| |
(2) | If the notice specifies that the data are to be provided by sending them |
| |
somewhere, the data must be sent to such address and within such period as |
| |
is reasonably specified in the notice. |
| |
(3) | If the notice specifies that the data are to be provided by making documents |
| 30 |
available for inspection somewhere, the documents must be made available |
| |
for inspection at such place and time as is— |
| |
(a) | reasonably specified in the notice, or |
| |
(b) | agreed between an officer of Revenue and Customs and the data- |
| |
| 35 |
(4) | A place used solely as a dwelling may not be specified under sub-paragraph |
| |
| |
(5) | A data-holder notice requiring the provision of specified documents |
| |
requires the documents to be provided only if they are in the data-holder’s |
| |
| 40 |
|
| |
|
| |
|
(6) | A power in this paragraph to specify something in a notice includes power |
| |
to specify it in a document referred to in the notice. |
| |
| |
5 (1) | An officer of Revenue and Customs may ask for the approval of the tribunal |
| |
before giving a data-holder notice. |
| 5 |
(2) | This does not require an officer to do so (but see paragraph 28(3) for the |
| |
effect of obtaining approval). |
| |
(3) | An application for approval under this paragraph may be made without |
| |
notice (except as required under sub-paragraph (4)). |
| |
(4) | The tribunal may not approve the giving of a data-holder notice unless— |
| 10 |
(a) | the application for approval is made by, or with the agreement of, an |
| |
| |
(b) | the tribunal is satisfied that, in the circumstances, the officer giving |
| |
the notice is justified in doing so, |
| |
(c) | the data-holder has been told that the data are to be required and |
| 15 |
given a reasonable opportunity to make representations to an officer |
| |
of Revenue and Customs, and |
| |
(d) | the tribunal has been given a summary of any representations made |
| |
| |
(5) | Paragraphs (c) and (d) of sub-paragraph (4) do not apply to the extent that |
| 20 |
the tribunal is satisfied that taking the action specified in those paragraphs |
| |
might prejudice any purpose for which the data are required. |
| |
(6) | A decision by the tribunal under this paragraph is final (despite the |
| |
provisions of sections 11 and 13 of the Tribunals, Courts and Enforcement |
| |
| 25 |
(7) | “Authorised officer” means an officer of Revenue and Customs who is, or is |
| |
a member of a class of officers who are, authorised by the Commissioners for |
| |
the purposes of this paragraph. |
| |
| |
6 | An officer of Revenue and Customs may take copies of or make extracts |
| 30 |
from any document provided pursuant to a data-holder notice. |
| |
Power to retain documents |
| |
7 (1) | If an officer of Revenue and Customs thinks it reasonable to do so, HMRC |
| |
may retain documents provided pursuant to a data-holder notice for a |
| |
| 35 |
(2) | While a document is being retained, the data-holder may, if the document is |
| |
reasonably required for any purpose, request a copy of it. |
| |
(3) | The retention of a document under this paragraph is not to be regarded as |
| |
breaking any lien claimed on the document. |
| |
(4) | If a document retained under this paragraph is lost or damaged, the |
| 40 |
Commissioners are liable to compensate the owner of the document for any |
| |
expenses reasonably incurred in replacing or repairing the document. |
| |
|
| |
|
| |
|
| |
| |
| |
8 (1) | This Part of this Schedule sets out who is a relevant data-holder for the |
| |
purposes of this Schedule. |
| 5 |
(2) | Descriptions of the various types of data-holder are to be read as including |
| |
anyone who was previously of such a description. |
| |
Salaries, fees, commission etc |
| |
9 (1) | Each of the following is a relevant data-holder— |
| |
| 10 |
(b) | a person who is concerned in making payments to or in respect of |
| |
another person’s employees with respect to their employment with |
| |
| |
(c) | an approved agent within the meaning of section 714 of ITEPA 2003 |
| |
(which relates to payroll giving), and |
| 15 |
(d) | a person who carries on a business in connection with which relevant |
| |
payments are or are likely to be made. |
| |
(2) | Relevant payments are— |
| |
(a) | payments for or in connection with services provided by persons |
| |
who are not employed in the business, or |
| 20 |
(b) | periodical or lump sum payments in respect of any copyright, public |
| |
lending right, right in a registered design or design right. |
| |
(3) | Payments are taken to be made in connection with a business if they are |
| |
| |
(a) | in the course of carrying on the business or a part of it, or |
| 25 |
(b) | in connection with the formation, acquisition, development or |
| |
disposal of the business or a part of it. |
| |
(4) | Sub-paragraph (1)(d) applies to the carrying on of any other kind of activity |
| |
as it applies to the carrying on of a business, but only if the activity is being |
| |
carried on by a body of persons (and references in sub-paragraphs (2) and |
| 30 |
(3) to the business are to be read accordingly). |
| |
(5) | A reference in this paragraph to the making of payments includes— |
| |
(a) | the provision of benefits, and |
| |
(b) | the giving of any other valuable consideration. |
| |
10 (1) | This paragraph applies if— |
| 35 |
(a) | services that an individual provides or is obliged to provide under an |
| |
agency contract are treated under section 44(2) of ITEPA 2003 as the |
| |
duties of an employment held by the individual with the agency, or |
| |
(b) | remuneration receivable under or in consequence of arrangements |
| |
falling within section 45 of that Act is treated as earnings from an |
| 40 |
employment held by an individual with the agency. |
| |
(2) | For the purposes of paragraph 9— |
| |
(a) | the individual is treated as being employed by the agency, and |
| |
|
| |
|
| |
|
(b) | payments made to the individual under or in consequence of the |
| |
agency contract, or treated as earnings under section 45 of ITEPA |
| |
2003, do not count as “relevant payments”. |
| |
(3) | “Agency contract” and “remuneration” have the same meaning as in |
| |
Chapter 7 of Part 2 of ITEPA 2003. |
| 5 |
11 (1) | This paragraph applies if— |
| |
(a) | a person (“A”) performs in the United Kingdom duties of an |
| |
| |
(b) | the employment is under or with a person resident outside and not |
| |
resident in the United Kingdom, |
| 10 |
(c) | the duties performed in the United Kingdom are performed for a |
| |
continuous period of not less than 30 days, and |
| |
(d) | those duties are performed for the benefit of a person (“B”) resident |
| |
or carrying on a trade, profession or vocation in the United |
| |
| 15 |
(2) | For the purposes of paragraph 9— |
| |
(a) | B is treated as if B were an employer, but |
| |
(b) | only the name and place of residence of A may be specified for a |
| |
relevant data-holder of B’s type in regulations made under |
| |
| 20 |
| |
12 (1) | A person by or through whom interest is paid or credited is a relevant data- |
| |
| |
(2) | For the purposes of this paragraph, the following are to be treated as |
| |
| 25 |
(a) | a dividend in respect of a share in a building society, |
| |
(b) | an amount to which a person holding a deeply discounted security |
| |
is entitled on the redemption of that security, |
| |
(c) | a foreign dividend, and |
| |
(d) | an alternative finance return. |
| 30 |
(3) | In sub-paragraph (2)— |
| |
“alternative finance return” means— |
| |
(a) | an alternative finance return within the meaning of Part 10A |
| |
| |
(b) | an alternative finance return within the meaning of Part 6 of |
| 35 |
| |
“building society” means a building society within the meaning of the |
| |
Building Societies Act 1986; |
| |
“deeply discounted security” has the same meaning as in Chapter 8 of |
| |
| 40 |
“foreign dividend” means any annual payment, interest or dividend |
| |
payable out of, or in respect of the funds or securities of— |
| |
(a) | a body of persons that is not resident in the United Kingdom, |
| |
| |
(b) | a government or public or local authority in a country outside |
| 45 |
| |
|
| |
|
| |
|
Income, assets etc belonging to others |
| |
13 | A person who (in whatever capacity) is in receipt of money or value of or |
| |
belonging to another is a relevant data-holder. |
| |
Payments derived from securities |
| |
14 (1) | Each of the following is a relevant data-holder— |
| 5 |
(a) | a person who is the registered or inscribed holder of securities, |
| |
(b) | a person who receives a payment derived from securities or would |
| |
be entitled to do so if a payment were made, |
| |
(c) | a person who receives a payment treated by the company that makes |
| |
it as a payment to which section 1033 of CTA 2010 applies (purchase |
| 10 |
by unquoted trading company of own shares), and |
| |
(d) | a person who receives a chargeable payment within the meaning of |
| |
Chapter 5 of Part 23 of CTA 2010 (company distributions: |
| |
| |
(2) | But, for a relevant data-holder of a type described in this paragraph, data |
| 15 |
may only be specified in regulations under paragraph 1(3) if the data |
| |
concern a matter mentioned in sub-paragraph (3). |
| |
| |
(a) | whether the relevant data-holder is the beneficial owner (or sole |
| |
beneficial owner) of the securities or payment in question, |
| 20 |
| |
(i) | details of the beneficial owner (or other beneficial owners), |
| |
| |
(ii) | if those details are not known or if different, details of the |
| |
person for whom the securities are held or to whom the |
| 25 |
payment is or may be paid on, and |
| |
(c) | if there is more than one beneficial owner or more than one person of |
| |
the kind mentioned in paragraph (b)(ii), their respective interests in |
| |
the securities or payment. |
| |
(4) | “Payment derived from securities” includes in particular— |
| 30 |
(a) | an amount (whether of income or capital) that is payable out of or in |
| |
respect of securities or rights attaching to securities, and |
| |
(b) | a payment that is representative of any such amount. |
| |
15 (1) | A person who makes a payment derived from securities that has been |
| |
received from or is paid on behalf of another is a relevant data-holder. |
| 35 |
(2) | “Payment derived from securities” has the same meaning as in paragraph |
| |
| |
Grants and subsidies out of public funds |
| |
16 (1) | A person by whom a payment out of public funds is made by way of grant |
| |
or subsidy is a relevant data-holder. |
| 40 |
(2) | For these purposes, a payment is a payment out of public funds if it is |
| |
provided directly or indirectly by— |
| |
| |
|
| |
|
| |
|
(b) | any government, public or local authority whether in the United |
| |
| |
| |
| |
17 (1) | A person by whom licences or approvals are issued or a register is |
| 5 |
maintained is a relevant data-holder. |
| |
| |
(a) | any record or list that a local authority maintains, and |
| |
(b) | any record or list that any other person is required or permitted to |
| |
maintain by or under an enactment. |
| 10 |
Rent and other payments arising from land |
| |
18 (1) | Each of the following is a relevant data-holder— |
| |
(a) | a lessee (or successor in title of a lessee), |
| |
| |
(c) | a person having the use of land, and |
| 15 |
(d) | a person who, as agent, manages land or is in receipt of rent or other |
| |
payments arising from land. |
| |
(2) | The reference to a person who manages land includes a person who markets |
| |
property to potential tenants, searches for tenants or provides similar |
| |
| 20 |
Dealing etc in securities |
| |
19 (1) | Each of the following is a relevant data-holder— |
| |
(a) | a person who effects or is a party to securities transactions wholly or |
| |
partly on behalf of others (whether as agent or principal), |
| |
(b) | a person who, in the course of business, acts as registrar or |
| 25 |
administrator in respect of securities transactions (including a |
| |
person who manages a clearing house for any terminal market in |
| |
| |
(c) | a person who makes a payment derived from securities to anyone |
| |
other than the registered or inscribed holder of the securities, |
| 30 |
(d) | a person who makes a payment derived from bearer securities, and |
| |
(e) | an accountable person within the meaning of the Stamp Duty |
| |
Reserve Tax Regulations 1986 (S.I. 1986/1711). |
| |
(2) | “Payment derived from securities” has the same meaning as in paragraph 14 |
| |
(and “payment derived from bearer securities” is to be read accordingly). |
| 35 |
(3) | “Securities transactions” means— |
| |
(a) | transactions in securities, |
| |
(b) | transactions under which a representative payment has been, is to be |
| |
| |
(c) | the making or receipt of a representative payment. |
| 40 |
(4) | In sub-paragraph (3)— |
| |
|
| |
|