Paragraph 1 I1I2
United Kingdom
A tax adviser does not contravene section 223(1) (prohibited interaction with HMRC) in any of the following circumstances—
where the adviser provides payroll, or other tax or accounting, software to a client for use in relation to the client’s tax affairs and the adviser interacts with HMRC in their capacity as such a provider;
where the adviser interacts with HMRC in relation to—
any matter relating to a duty of customs or to any provision, so far as relating to a duty of customs, made by or under the customs and excise Acts or Union customs legislation, or
any matter relating to a duty of excise or import VAT that is connected to a matter within sub-paragraph (i);
where the adviser is a VAT representative and interacts with HMRC in their capacity as such;
where the adviser is an IOSS representative and interacts with HMRC in their capacity as such;
where the adviser is a NI tax representative and interacts with HMRC in their capacity as such;
where the adviser is a UK representative and interacts with HMRC in their capacity as such;
where the adviser interacts with HMRC in relation to a tax that is not payable to HMRC (such as council tax or non-domestic rates);
where the adviser interacts with HMRC in relation to the provision of a valuation of property under section 10 of CRCA 2005 (the valuation office);
where the adviser interacts with HMRC in relation to a client who is a group undertaking in relation to the adviser;
where the adviser interacts with HMRC in relation to an appeal to a court or tribunal;
where the adviser interacts with HMRC in order to comply with an obligation of the adviser under any enactment (including this Act);
where the adviser interacts with HMRC in response to a request for information from HMRC.
In this paragraph—
“the customs and excise acts” has the meaning given by section 1(1) of CEMA 1979 (interpretation);
“group undertaking” has the meaning given by section 1161(5) of the Companies Act 2006 (meaning of “undertaking” and related expressions);
“import VAT” means value added tax chargeable by virtue of section 1(1)(c) of VATA 1994 (importation of goods into the United Kingdom);
F3“IOSS representative” means a person registered as an IOSS representative under Schedule 9ZE to VATA 1994 (distance selling of goods imported to Northern Ireland: special accounting scheme) (see Part 5 of that Schedule);
“NI tax representative” has the meaning given by regulation 76(2) of the Excise Goods (Holding, Movement and Duty Point) Regulations 2010 (S.I. 2010/593) (excise duty and distance sales: NI representatives), as those Regulations have effect subject to the Excise Duties (Northern Ireland Miscellaneous Modifications and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1559);
“UK representative” has the meaning given by section 123 (vaping product duty: UK representatives);
“Union customs legislation” has the meaning given by section 37(1) of TCTA 2018 (minor definitions);
“VAT representative” has the meaning given by section 48(2A) of VATA 1994 (VAT representatives).
Annotations
Textual amendments
- F1
Sch. 20 para. 1(1)(ca) inserted (17.8.2026) by The Finance Act 2026 (Registration of Tax Advisers) (Exceptions) Regulations 2026 (S.I. 2026/815), regs. 1, 2(a)
- F2
Sch. 20 para. 1(1)(ea)(eb) inserted (17.8.2026) by The Finance Act 2026 (Registration of Tax Advisers) (Exceptions) Regulations 2026 (S.I. 2026/815), regs. 1, 2(b)
- F3
Words in Sch. 20 para. 1(2) inserted (17.8.2026) by The Finance Act 2026 (Registration of Tax Advisers) (Exceptions) Regulations 2026 (S.I. 2026/815), regs. 1, 2(c)
Commencement
- I1
Sch. 20 para. 1 in force at 14.7.2026 for specified purposes by S.I. 2026/807, reg. 3
- I2
Sch. 20 para. 1 in force at 18.8.2026 for specified purposes by S.I. 2026/807, reg. 4(1)(a) (with reg. 5)