817RC Duties of intermediary.

(1) An intermediary within the meaning of paragraph (a)(i) of the definition of “intermediary” in section 817RA(1) shall make a return to the Revenue Commissioners of the specified information within 30 days beginning—

(a) on the day after the reportable cross-border arrangement is made available for implementation,

(b) on the day after the reportable cross-border arrangement is ready for implementation, or

(c) when the first step in the implementation of the reportable cross- border arrangement was taken,

whichever occurs first.

(2) An intermediary within the meaning of paragraph (a)(ii) of the definition of “intermediary” in section 817RA(1) shall make a return to the Revenue Commissioners of the specified information within 30 days beginning on the day after such intermediary provided, directly or by means of other persons, aid, assistance or advice referred to in the said paragraph (a)(ii).

(3) In the case of a marketable arrangement, an intermediary shall—

(a) when making a return under subsection (1) or (2), as the case may be (in this subsection referred to as “the return” ), state in the return that it is a marketable arrangement, and

(b) not later than 3 months after the date of the return and every 3 months thereafter, notify the Revenue Commissioners, by amending the return, of any new information that has become available in respect of the specified information referred to in paragraphs (a), (g), (h) and (i) of section 817RA(3).

(4) A return (including an amended return under subsection (3)) required under this section shall be made by electronic means and the relevant provisions of Chapter 6 of Part 38 shall apply.

(5) An intermediary shall provide, in writing, to any other intermediary and each relevant taxpayer involved in the arrangement, the reference number assigned to the arrangement by the Revenue Commissioners within 5 working days of the later of—

(a) the date on which the intermediary is notified by the Revenue Commissioners of the reference number, or

(b) the date on which such other intermediary or a relevant taxpayer becomes involved in the arrangement.

(6) An intermediary shall be exempt from making a return to the Revenue Commissioners under this section if the intermediary has received, in writing, from any other intermediary involved in the same reportable cross-border arrangement—

(a) confirmation that such other intermediary has provided the specified information to the Revenue Commissioners in a return made under this section, and

(b) the reference number assigned to the arrangement by the Revenue Commissioners.

(7) Subject to subsection (8), where an intermediary is required to provide the specified information on a reportable cross-border arrangement to the competent authority of more than one Member State, such information shall be provided only to the competent authority of the Member State referred to in whichever of the following paragraphs first applies:

(a) the competent authority of the Member State where the intermediary is resident for tax purposes;

(b) the competent authority of the Member State where the intermediary has a permanent establishment through which the services with respect to the arrangement are provided;

(c) the competent authority of the Member State which the intermediary is incorporated in or governed by the laws of;

(d) the competent authority of the Member State where the intermediary is registered with a professional association related to legal, taxation or consultancy services.

(8) Where subsection (7) applies, an intermediary shall be exempt from making a return under this section if the intermediary has—

(a) a copy of the specified information provided to the competent authority of another Member State, and

(b) confirmation, in writing, provided to the intermediary by the competent authority of another Member State that a reference number has been assigned to the arrangement by that competent authority.

(9) Nothing in this section shall be construed as requiring an intermediary to disclose to the Revenue Commissioners—

(a) information that is not within the knowledge, possession or control of the intermediary, or

(b) information with respect to which a claim to legal professional privilege could be maintained by the intermediary in legal proceedings.

(10) Where subsection (9)(b) applies, the intermediary concerned shall, without delay, notify any other intermediary or, if there is no other intermediary, the relevant taxpayer, of the obligations imposed on such other intermediary or that relevant taxpayer, as the case may be, under this Chapter.