Finance (No.2) Act 2023

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Administrative cooperation

87. The Principal Act is amended—

(a) in section 817REA—

(i) by the substitution of the following subsection for subsection (1):

“(1) Subject to subsections (2) and (3), an authorised officer may make such enquiries as he or she considers necessary for the purpose of satisfying himself or herself as to whether information—

(a) included in a return made in accordance with section 817RC or 817RD, as appropriate, was correct and complete, or

(b) not included in such a return was correctly not so included.”,

and

(ii) by the insertion of the following subsection after subsection (1) (as amended by subparagraph (i)):

“(1A) An authorised officer may, at all reasonable times, enter any premises or place of business of an intermediary or relevant taxpayer for the purpose of carrying out the enquiries referred to in subsection (1).”,

and

(b) in section 891I—

(i) in subsection (2)—

(I) by the insertion of “ ‘effective qualifying competent authority agreement’,” after “ ‘consideration’,”, and

(II) by the insertion of “ ‘qualified relevant activities’,” after “ ‘qualified non-union platform operator’,”,

(ii) in subsection (3)—

(I) by the insertion of the following paragraphs after paragraph (c):

“(ca) A platform operator shall, when registering with the Revenue Commissioners pursuant to paragraph (c), provide the following:

(i) the name of the platform operator;

(ii) the postal address of the platform operator;

(iii) the electronic address, including website addresses, of the platform operator;

(iv) any TIN that has been issued to the platform operator;

(v) a statement with information about the identification of that platform operator for VAT purposes within the European Union, pursuant to Title XII, Chapter 6, Sections 2 and 3 of Council Directive 2006/112/EC²⁰ ;

(vi) the Member States in which reportable sellers are resident.

(cb) Where a platform operator has registered with the Revenue Commissioners pursuant to paragraph (c) prior to 1 January 2024, the platform operator shall provide the information specified in paragraph (ca) to the Revenue Commissioners not later than 31 January 2024.

(cc) Where there is a change in any of the information specified in paragraph (ca) provided to the Revenue Commissioners by a platform operator, the platform operator shall notify the Revenue Commissioners of the change not later than the last day of the month following the month in which the change occurred.”,

and

(II) by the substitution of the following paragraph for paragraph (g):

“(g) Where—

(i) a platform operator’s Platform Operator ID has been revoked under paragraph (e), or

(ii) the equivalent of a Platform Operator ID assigned by the competent authority of another Member State has been revoked under a provision similar to paragraph (e) in force in the other Member State, the Platform Operator ID shall not be reinstated, or a new Platform Operator ID shall not be issued to the platform operator, until the platform operator demonstrates, by way of documentary evidence to the satisfaction of the Revenue Commissioners, and provides the Revenue Commissioners with a written assurance, that it will comply with the obligations imposed under this section, the regulations made under this section and such similar provisions as may be in force in any other Member State.”,

(iii) in subsection (5), by the substitution of “Subject to subsection (5A), a return made under subsection (4)” for “A return made under subsection (4)”,

(iv) by the insertion of the following subsection after subsection (5):

“(5A) Notwithstanding subsection (5), a reporting platform operator that has registered with the Revenue Commissioners as a platform operator under subsection (3)(c) shall not be required to provide the information specified in subsection (5) with respect to qualified relevant activities covered by an effective qualifying competent authority agreement that provides for the automatic exchange of equivalent information with a Member State on reportable sellers in the Member State.”,

(v) in subsection (7)—

(I) by the substitution of the following paragraph for paragraph (b):

“(b) Where a reportable seller does not provide the relevant information to the reporting platform operator, the reporting platform operator shall on the day immediately following the expiration of the period referred to in paragraph (c)(ii) (referred to in paragraph (ba) as ‘the relevant date’) and until such time as the relevant information has been provided—

(i) either—

(I) subject to paragraph (ba), withhold payment of any consideration due to the reportable seller, or

(II) close the account of the reportable seller and prevent the reportable seller from reopening the account,

and

(ii) prevent the reportable seller from opening a new account with the reporting platform operator.”,

and

(II) by the insertion of the following paragraph after paragraph (b) (amended by clause (I)):

“(ba) Where a reporting platform operator has withheld payment of consideration due to a reportable seller pursuant to clause (I) of paragraph (b)(i), and the reportable seller does not provide the relevant information to the reporting platform operator within 24 months of the relevant date, the reporting platform operator shall pay to the reportable seller any consideration withheld in accordance with that clause and, until such time as the relevant information has been provided, take the actions specified in clause (II) of paragraph (b)(i) in respect of the reportable seller concerned.”,

(vi) in subsection (10)(d)—

(I) by the substitution of the following subparagraph for subparagraph (ii):

“(ii) closes the account of a reportable seller and prevents a reportable seller from reopening the account pursuant to paragraph (b)(i)(II) or (ba) of subsection (7)”,

(II) in subparagraph (iii), by the substitution of “subsection (7)(b)(ii), or” for “subsection (7)(b)(i)(III),”,

(III) in subparagraph (iv), by the substitution of “subsection (7)(ba)” for “subsection (7)(b)(i)(A)”, and

(IV) by the deletion of subparagraphs (v) and (vi), and

(vii) in subsection (16)(b)(ii), by the substitution of “paragraphs (b) and (ba) of subsection (7)” for “subsection (7)(b)”.

²⁰ OJ L347, 11.12.2006, p.1