HMRC has issued two sets of regulations which update the information that must be provided under the disclosure of tax avoidance schemes rules for both direct and indirect taxes (DOTAS and DASVOIT), to ensure those regulations operate correctly following changes introduced by FA 2021 Sch 31.
The Tax Avoidance Schemes (Information) (Amendment) Regulations, SI 2021/980, amend the Tax Avoidance Schemes (Information) Regulations, SI 2012/1836, to reflect changes made to FA 2004 Pt 7 (the DOTAS rules) by FA 2021.
Finance Act 2021 Sch 31 amended the reporting obligations in relation to the DOTAS rules to allow HMRC to allocate a reference number to arrangements (or a proposal) that have not been disclosed where HMRC reasonably suspects them to be notifiable.
In such circumstances, the amendments also extend the obligations in FA 2004 Pt 7 to all persons that HMRC reasonably suspects to be supplying the arrangements, or proposed arrangements, and their clients.
The amending regulations give effect to these changes by including references to suppliers of arrangements and proposals, as well as promoters, and removing references to the arrangements being ‘notifiable’ in circumstances where this is no longer required.
The Indirect Taxes (Disclosure of Avoidance Schemes) (Amendment) Regulations, SI 2021/979, amend the Indirect Taxes (Disclosure of Avoidance Schemes) Regulations, SI 2017/1215, to reflect changes made to Finance (No 2) Act 2017 Sch 17 by FA 2021 Sch 31.
These changes mirror those made in relation to direct taxes by SI 2021/980 above in terms of the reporting obligations in relation to VAT and other indirect taxes – to enable HMRC to allocate reference numbers where HMRC reasonably suspects arrangements to be notifiable. The regulations extend the application of F(No 2)A 2017 Sch 17 to all persons that HMRC reasonably suspects to be supplying the arrangements and their clients. References in the 2017 regulations are updated accordingly.
Both sets of regulations come into force on 30 September 2021.
HMRC has issued two sets of regulations which update the information that must be provided under the disclosure of tax avoidance schemes rules for both direct and indirect taxes (DOTAS and DASVOIT), to ensure those regulations operate correctly following changes introduced by FA 2021 Sch 31.
The Tax Avoidance Schemes (Information) (Amendment) Regulations, SI 2021/980, amend the Tax Avoidance Schemes (Information) Regulations, SI 2012/1836, to reflect changes made to FA 2004 Pt 7 (the DOTAS rules) by FA 2021.
Finance Act 2021 Sch 31 amended the reporting obligations in relation to the DOTAS rules to allow HMRC to allocate a reference number to arrangements (or a proposal) that have not been disclosed where HMRC reasonably suspects them to be notifiable.
In such circumstances, the amendments also extend the obligations in FA 2004 Pt 7 to all persons that HMRC reasonably suspects to be supplying the arrangements, or proposed arrangements, and their clients.
The amending regulations give effect to these changes by including references to suppliers of arrangements and proposals, as well as promoters, and removing references to the arrangements being ‘notifiable’ in circumstances where this is no longer required.
The Indirect Taxes (Disclosure of Avoidance Schemes) (Amendment) Regulations, SI 2021/979, amend the Indirect Taxes (Disclosure of Avoidance Schemes) Regulations, SI 2017/1215, to reflect changes made to Finance (No 2) Act 2017 Sch 17 by FA 2021 Sch 31.
These changes mirror those made in relation to direct taxes by SI 2021/980 above in terms of the reporting obligations in relation to VAT and other indirect taxes – to enable HMRC to allocate reference numbers where HMRC reasonably suspects arrangements to be notifiable. The regulations extend the application of F(No 2)A 2017 Sch 17 to all persons that HMRC reasonably suspects to be supplying the arrangements and their clients. References in the 2017 regulations are updated accordingly.
Both sets of regulations come into force on 30 September 2021.
