Explanatory note

These Regulations amend the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2006 (S.I. 2006/1543) (“the Hallmark Regulations”) and the Tax Avoidance (Information) Regulations 2012 (“the Information Regulations”) so as to extend the scope of these Regulations to include the apprenticeship levy and to make other consequential amendments.

Regulation 1 provides for citation and commencement.

Regulation 2 introduces the amendments to the Hallmark Regulations.

Regulation 3 amends regulation 5 of the Hallmark Regulations so as to extend the scope of those Regulations to include the apprenticeship levy.

Regulation 4 makes consequential amendments to regulation 18 of the Hallmark Regulations in consequence of changes made to Part 7A of the Income Tax (Earnings and Pensions) Act 2003 by virtue of section 15 of, and paragraphs 1 and 9 of Schedule 6 to, the Finance Act 2017 (c. 10).

Regulation 5 introduces the amendments to the Information Regulations.

Regulation 6 amends the meaning of “prescribed taxes” so as to extend the scope of the Information Regulations to include the apprenticeship levy.

Regulation 7 amends regulation 10 of the Information Regulations so as to provide that HMRC may specify the form and manner in which a person must provide information, where that person expects an advantage to arise in respect of the apprenticeship levy.

Regulation 8 amends regulation 12 of the Information Regulations so as to provide time limits for providing information.

A Tax Information and Impact Note covering this instrument was published on 4th February 2016 alongside draft apprenticeship levy Finance Bill 2016 Clauses and Explanatory Notes and is available on the website at https://www.gov.uk/government/collections/tax-information-and-impact-notes-tiins. It remains an accurate summary of the impacts that apply to this instrument.