What needs to be disclosed, and by whom?

The Disclosure of Avoidance Schemes (VAT & Other Indirect Taxes) rules came into effect this month. HMRC Notice 799 sets out the new disclosure rules which are wider than the previous rules and now apply to all indirect taxes (ie; Insurance Premium Tax, General betting Duty, Pool Betting Duty, Remote Gaming Duty, Machine Games Duty, Gaming Duty, Lottery Duty, Bingo Duty, Air Passenger Duty, Hydrocarbon Oils Duty, Tobacco Products Duty, Duties on Spirits, Beer, Wine, Made-Wine and Cider, Soft Drinks Industry Levy, Aggregates Levy, Landfill Tax, Climate Change Levy and Customs Duties) – not just VAT.

The Notice contains information on what to do if a person promotes or uses arrangements (including any scheme, transaction or series of transactions) from 1 January 2018 that will, or are intended to, provide the user with a VAT or other indirect tax advantage when compared to adopting a different course of action.

The information includes:

• What arrangements must be disclosed to HMRC
• Who has responsibility to disclose notifiable proposals or arrangements to HMRC
• Deciding who is a promoter of notifiable proposals or arrangements
• Deciding who is an introducer of a notifiable proposal
• What the obligations are as a promoter of notifiable proposals or arrangements
• What the obligations are as an introducer of a notifiable proposal
• What the obligations are as a user of notifiable arrangements including when there is a responsibility to disclose
• How to make a disclosure to HMRC

It is crucially important to establish who is required to notify HMRC and of what. The rules do not just cover tax advisers but may also affect businesses directly.  

The effect of disclosure

A disclosure under the new rules has no effect on the tax position of any person who uses the arrangements. However, a disclosed arrangement may be challenged by HMRC or may be rendered ineffective by legislative action by Parliament.

Please contact us if you think any of the above affects you.