The Income and Corporation Taxes (Electronic Certificates of Deduction of Tax and Tax Credit) Regulations 2003

• Citation: S.I. 2003/3143
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Income and Corporation Taxes (Electronic Certificates of Deduction of Tax and Tax Credit) Regulations 2003 and shall come into force on 1st January 2004.

(2) In these Regulations references to the delivery of a document include that document being made available to a person in circumstances where—

(a) the sender and that person have agreed to his having access to the document on a website,

(b) the document is a document to which the agreement relates; and

(c) the person is notified in a manner for the time being agreed for the purpose between him and the sender of—

(i) the placing of the document on the website;

(ii) the address of the website; and

(iii) the place on the website at which, and the manner in which, the document may be accessed.

Here “document” means anything authorised to be delivered by means of electronic communications under these Regulations.

(3) In these Regulations—

“electronic communications” has the meaning given by section 132(10) of the Finance Act 1999;

“the sender” means—

in relation to a statement to which regulation 2 applies, the company making the qualifying distribution, or a person acting on its behalf;

in relation to a statement to which regulation 3 applies, the person under the duty to furnish the certificate, or another person acting on his behalf; and

in relation to statement, notice, certificate or voucher to which regulation 4 applies, the person required or authorised, under the relevant provision mentioned in paragraph (2) of that regulation, to deliver that statement, notice, certificate or voucher, or another person acting on his behalf; and

“the Taxes Act ” means the Income and Corporation Taxes Act 1988.

Section 2 Delivering information electronically about distributions, dividends, interest payments and associated tax credits

(1) A statement under section 234(1) or 234A(2) of the Taxes Act (information relating to distributions, dividends, interest payments and associated tax credits) by a company making a qualifying distribution may be delivered by means of electronic communications if the following conditions are satisfied.

(2) The first condition is that the sender has indicated to the proposed recipient that it intends to use electronic communications for the purposes of delivering statements under those sections.

(3) The second condition is that the proposed recipient has consented to information being delivered by the sender by means of electronic communications, and that consent has not been withdrawn.

(4) The third condition is that the statement is delivered in an electronic format—

(a) in which the statement may be stored;

(b) which permits a paper copy of the information contained in the statement to be printed; and

(c) which is designed to prevent alteration of the contents.

Section 3 Delivering information electronically about deduction of tax

(1) A statement under section 352 of the Taxes Act (certificates of deduction of tax) may be delivered by means of electronic communications if the following conditions are satisfied.

(2) The first condition is that the sender has indicated to the proposed recipient that he intends to use electronic communications to furnish statements under section 352.

(3) The second condition is that the proposed recipient has consented to information being delivered by the sender by means of electronic communications, and that consent has not been withdrawn.

(4) The third condition is that the statement is delivered in an electronic format—

(a) in which the statement may be stored;

(b) which permits a paper copy of the information contained in the statement to be printed; and

(c) which is designed to prevent alteration of the contents.

Section 4 Sending information electronically about manufactured dividends

(1) A statement, notice, certificate or voucher required or authorised to be delivered under the provisions listed in paragraph (2) may be delivered by means of electronic communications if the conditions specified in paragraphs (3) to (5) are satisfied.

(2) The provisions referred to in paragraph (1) are—

(a) paragraphs 2(6) and 3(8) of Schedule 23A to the Taxes Act (information about manufactured dividends) ; and

(b) regulations 4(4)(c), 5(2)(b)(iii), 7(2)(d), 10(3)(b) and (4)(b) and 15(1) and (5) of the Income Tax (Manufactured Overseas Dividends) Regulations 1993 .

(3) The first condition is that the sender has indicated to the proposed recipient that he intends to use electronic communications to deliver documents of that type.

(4) The second condition is that the proposed recipient has consented to information being delivered by the sender by means of electronic communications, and that consent has not subsequently been withdrawn.

(5) The third condition is that the document in question is delivered in an electronic format—

(a) in which it may be stored;

(b) which permits a paper copy of the information contained in it to be printed; and

(c) which is designed to prevent alteration of its contents.

Section 5 Amendments of the Income Tax (Manufactured Overseas Dividends) Regulations 1993

(1) The Income Tax (Manufactured Overseas Dividends) Regulations 1993 are amended as follows.

(2) In regulation 6 (retention and records of notices given under regulations 4 and 5) after paragraph (4) insert—

(4A) In the case of a record retained under paragraph (2)(b) or (3)(b) which is in electronic form the person retaining it shall afford an officer of the Board such assistance and facilities as the officer may reasonably require in order to read the record.

(3) In regulation 7 (disapplication of paragraph 4(3) of Schedule 23A to the Taxes Act) , after paragraph (4) insert—

(4A) In the case of a record retained under paragraph (4) which is in electronic form the person retaining it shall afford an officer of the Board such assistance and facilities as the officer may reasonably require in order to read the record.

(4) In regulation 14 (records to be maintained in respect of certain manufactured overseas dividends without deduction of tax) after paragraph (3) insert—

(3A) In the case of evidence or a record retained under paragraph (3) which is in electronic form the person retaining it shall afford an officer of the Board such assistance and facilities as the officer may reasonably require in order to read the record or certificate.