Annex III Declaration specifying reasons and circumstances for a request for precautionary measures
United Kingdom
| The elements put in Italic are optional. It is suggested to remove subsections that are not selected. | |
| Where this form is transmitted by electronic means, its structure and lay-out may be adapted to the requirements and possibilities of the electronic communication system, provided that the set of data and information contained therein is not substantially altered. | |
| Name of the language(s) of this document | |
| Declaration specifying reasons and circumstances for a request for precautionary measuresf1 f2 | |
| based on: | Article 16 of Directive 2010/24/EU … |
| This declaration is linked to the request for precautionary measures | |
| with the following reference: | Ref. … |
| sent by the following applicant State: | |
| to the following requested State: | |
The following information on specific reasons and circumstances for this request is provided:
| 1. General information | |
| 1.1. The claim(s) is (are) the subject of an instrument permitting enforcement in the applicant State which is contested. | |
| 1.2. The claim(s) is (are) the subject of an instrument permitting enforcement in the applicant State which is not contested. | |
| 1.3. The claim(s) is (are) not yet subject of an instrument permitting enforcement in the applicant State. | |
| 1.4. The claim(s) is (are) not contested. | |
| 1.5. The claim(s) may no longer be contested by and administrative appeal/by an appeal to the courts. | |
| 1.6. The claim(s) is (are) contested but the laws, regulations and administrative practices in force in the State of the applicant authority allow to take precautionary measures. | |
| 2. Justifying documents and/or reasons | ||||||
| 2.1. This request is accompanied by a uniform instrument permitting recovery in the requested State. Note: this uniform instrument permitting enforcement in the requested State also allows the requested State to take precautionary measures (for requests based on Directive 2010/24/EU: see the second subparagraph of Article 12(1) of that Directive). | ||||||
| 2.2. This request is based on an administrative decision (attached) permitting precautionary measures in the applicant State, which contains the following evaluation: | ||||||
| 2.2.1. Administrative evaluation of the need to take precautionary measures assessed by: | ||||||
| name of the authority: | ||||||
| address of the authority: | ||||||
| date of this decision: | DD/MM/YYYY | |||||
| details contact person: | ||||||
| 2.2.2. Circumstances | ||||||
| The instrument permitting enforcement is contested. | ||||||
| The claim(s) is (are) not yet the subject of an instrument permitting enforcement. | ||||||
| The contesting of the claim(s) by the debtor was already rejected in first instance, but this decision is not final. | ||||||
| 2.2.3. This authority has allowed precautionary measures in the applicant State in accordance with its national law, on the following date: | DD/MM/YYYY | |||||
| 2.2.4. The precautionary measures are considered to be justified for the following reasons, demonstrating the urgency and the risk that collection and recovery could be thwarted or seriously hindered: | ||||||
| high (estimated) amount of the (expected) debt/significant debiting | ||||||
| suspicion of fraud | ||||||
| Person(s) concerned making themselves insolvent | ||||||
| restructuring of assets | ||||||
| alienation of property | ||||||
| attempt to hide/conceal/dissipate assets | ||||||
| careless business management | ||||||
| frequent change of residence | ||||||
| relocation of property abroad | ||||||
| debtor not respecting earlier payment agreements | ||||||
| other elements/reasons: … | ||||||
| Short explanation (recommended): … | ||||||
| 2.3. This request is based on a judicial confirmation (attached) that precautionary measures are justified: | ||||||
| 2.3.1. Judicial evaluation of the need to take precautionary measures assessed by: | ||||||
| name of the Court: | ||||||
| address of the Court: | ||||||
| date of the decision: | DD/MM/YYYY | |||||
| (Details contact person:) | ||||||
| 2.3.2. The Court decided: | ||||||
| at the unilateral request of the tax authorities | ||||||
| following the contesting of the claim by the debtor, by another person liable or by another person subject to the precautionary measures | ||||||
| 2.3.3. This Court has allowed precautionary measures in the applicant State in accordance with its national law, on the following date: | DD/MM/YYYY | |||||
| 2.4. This request for precautionary measures is based on the reasons mentioned in the attached document(s). | ||||||
| 2.5. Precautionary measures are justified for the following reasons, demonstrating the urgency and the risk that collection and recovery could be thwarted or seriously hindered: | ||||||
| high (estimated) amount of the (expected) debt/significant levels of debt | ||||||
| Suspicion of fraud | ||||||
| Person(s) concerned making themselves insolvent | ||||||
| restructuring of assets | ||||||
| alienation of property | ||||||
| attempt to hide/conceal/dissipate assets | ||||||
| careless business management | ||||||
| frequent change of residence | ||||||
| relocation of property abroad | ||||||
| debtor not respecting earlier payment agreements | ||||||
| other elements/reasons: … | ||||||
| Short explanation (recommended): … | ||||||
| 3. Other information | |
| 3.1. The authorities of the requested State are requested not to inform the debtor or other person concerned before the start of the precautionary measures. | |
| 3.2. Other information: … | |
Annotations
Footnotes
- f1
-
The elements put in Italic are optional. It is suggested to remove subsections that are not selected.
- f2
-
Where this form is transmitted by electronic means, its structure and lay-out may be adapted to the requirements and possibilities of the electronic communication system, provided that the set of data and information contained therein is not substantially altered.