1 Citation

This Order may be cited as the Finance Act 2012, Schedule 38 (Tax Agents: Dishonest Conduct) (Appointed Day and Savings) Order 2013.

NOTES
Initial Commencement
Date Made

Date made: 12 February 2013: (no specific commencement provision).

2 Appointed day

2Appointed day

The day appointed as the day on which Schedule 38 to the Finance Act 2012 comes into force is 1st April 2013.

NOTES
Initial Commencement
Date Made

Date made: 12 February 2013: (no specific commencement provision).

3 Savings

3Savings

Where a notice is given under section 20A of the Taxes Management Act 1970 (power to call for papers of tax accountant) on or before the 31st March 2013, for the purposes of that notice the amendments made by paragraphs 44 to 47 of that Schedule (consequential provisions) shall be disregarded.

NOTES
Initial Commencement
Date Made

Date made: 12 February 2013: (no specific commencement provision).

Signature

David Evennett

Stephen Crabb

Two of the Lords Commissioners of Her Majesty's Treasury

12th February 2013

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order appoints 1 April 2013 as the date on which Schedule 38 to the Finance Act 2012 comes into force.

Schedule 38 makes provision enabling HM Revenue and Customs (“HMRC”) to issue a tax agent with a conduct notice if it has determined that they have engaged in dishonest conduct, to obtain working papers from them, and impose penalties. Where an individual incurs a penalty in relation to dishonest conduct which exceeds £5,000, the Schedule provides that the Commissioners for HMRC may publish certain information about this individual.

Schedule 38 repeals the previous powers to call for papers from a tax accountant under section 20A of the Taxes Management Act 1970. Article 3 of this Order preserves section 20A and related provisions in relation to notices issued under section 20A prior to the 1 April 2013.

A Tax Information and Impact Note (“TIIN”) has not been prepared for this instrument as it gives effect to previously announced policy and it is an appointed day order. A TIIN covering Schedule 38 was published on 6 December 2011 and is available on the HMRC website at http://www.hmrc.gov.uk/thelibrary/tiins.htm. It remains an accurate summary of the impacts that apply to the Schedule.