VCT: VCT qualifying holdings: information powers
With effect from 6 April 2012, HMRC has the power to require the provision of information where it believes that the relevant company has issued a holding to a VCT in connection with, or in consequence of, disqualifying arrangements (see VCM55280).
The legislation provides than an officer of HMRC may issue a notice requiring ‘any person concerned’ to provide:
- a declaration in writing stating whether or not, according to the information which that person has or can reasonably obtain, disqualifying arrangements exist or have existed, and
- any other information which the officer may reasonably require for the purposes of ITA07/S299A and which that person can reasonably obtain.
The officer can specify the period of time within which the information is to be provided, but it must not be a period of less than 60 days.
‘A person concerned’ for the purposes of this power includes any of:
* the company invested in * the VCT making the investment * any person connected with either of those companies or * any person whom the officer has reason to believe is or was a party to the arrangements in question.
Failure to provide the information may result in a penalty under TMA70/S98.