C1Part 7Disclosure of tax avoidance schemes
313ZAF1Duty to provide details of clients
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—
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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.
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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.
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3
The promoter F6or (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.
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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.
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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.
Pt. 7 excluded (17.7.2014) by Finance Act 2014 (c. 26), Sch. 35 para. 13(b)